1 


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PAPERS 


RELATING  TO 


PUBLIC  EVERTS  IN  MASSACHUSETTS 

PRECEDING  THE 


AMERICAN  REVOLUTION. 


PHILADELPHIA: 

PRINTED  FOR  THE  SEVENTY-SIX  SOCIETY. 
T.  K.  AND  P.  G.  COLLINS,  PRINTERS. 

1 856. 


The  following  papers  are  from  the  collection  of  manuscripts, 
relating  to  the  period  immediately  .preceding  the  commencement 
of  hostilities  in  Massachusetts  between  Great  Britain  and  the 
American  Colonies,  in  the  possession  of  Dr.  A.  L.  Elwyn,  of 
this  city.  Most  of  them,  it  is  believed,  now  appear  in  print  for 
the  first  time. 

Dr.  Elwyn’s  collection  also  embraces  a very  valuable  series 
of  papers  relating  to  the  events  of  the  war  in  other  parts  of  the 
Union,  from  which  it  is  proposed  to  make  a selection  of  the 
most  valuable  and  interesting  for  our  next  publication. 


Philadelphia,  July,  1856. 


MASSACHUSETTS  PAPEES. 


In*  the  House  of  Repeesehtattves,  Oct.  29th.  1765. 

Accobdeyg  to  tie  order  of  tie  day,  tlere  being  a Yery  foil 
House,  tie  following  draft,  which,  being  laid  on  tie  Table,  was 
particularly  considered,  and  thereupon  woted. 

TYIereas,  tie  first  rights  of  His  Majesty's  subjects  of  this 
Prowince,  derived  to  them  from  tie  British  Constitution,  as 
well  as  tie  Boyal  Charter,  have  been  lately  drawn  into  Ques- 
tion, in  order  to  ascertain  the  same,  this  House  do  unanimously 
come  into  the  following  Resolves : — 

1.  Resolved,  That  there  are  certain  essential  Rights  of  the 
British  Constitution  of  Government  which  are  founded,  in  the 
Law  of  God  and  Mature,  and  are  the  Common  Rights  of  Man- 
hood. 

2.  Therefore  Resolved , That  the  Inhabitants  of  this  Province 
are  unalienably  entitled  to  those  essential  Rights  in  common 
with  all  men  ; And  that  no  Law  of  Society  can,  consistent  with 
the  Law  of  God  and  Mature,  divest  them  of  those  Rights. 

3.  Resolved , That  no  man  can  justly  take  the  Property  of 
another  without  his  consent ; And  that  upon  the  original  Prin- 
ciple, the  Right  of  Representation  in  the  same  Body,  which 
exercises  the  power  of  making  Laws  for  Levying  Taxes,  which 
is  one  of  the  main  Pillars  of  the  British  Constitution,  is  evi- 
dentlv  founded. 


1 


2 


MASSACHUSETTS  PAPERS. 


4.  Resolved , That  this  inherent  Right,  together  with  all  other 
essential  Rights,  Liberties,  Privileges,  and  Immunities  of  the 
People  of  Great  Britain,  have  been  fully  confirmed  to  them  by 
Magna  Charta,  and  by  former  and  later  Acts  of  Parliament. 

5.  Resolved , That  His  Majesty’s  subjects  in  America  are,  in 
Reason  and  Common  Sense,  entitled  to  the  same  extent  of 
Liberty  with  His  Majesty’s  subjects  in  Britain. 

6.  Resolved , That  by  the  declaration  of  the  Royal  Charter  of 
this  Province,  the  Inhabitants  are  entitled  to  the  Right,  Liber- 
ties, and  Immunities  of  free  and  Natural  subjects  of  Great  Bri- 
tain to  all  Intents,  Purposes,  and  Constructions  whatever. 

7.  Resolved , That  the  Inhabitants  of  this  Province  appear  to 
be  entitled  to  all  the  Rights  aforementioned  by  an  Act  of  Par- 
liament, 13th  of  Geo.  2d."x' 

8.  Resolved , That  the  Rights  do  belong  to  the  Inhabitants  of 
this  Province,  upon  Principles  of  common  Justice,  their  ances- 
tors having  settled  this  Country  at  their  sole  expense,  and  their 
Posterity  having  constantly  approved  themselves  most  Loyal 
and  faithful  subjects  of  Great  Britain. 

9.  Resolved , That  every  individual  in  the  Colonies  is  as  ad- 
vantageous to  Great  Britain  as  if  he  were  in  Great  Britain,  and 
held  to  pay  his  full  proportion  of  Taxes  there.  And  as  the 
inhabitants  of  this  Province  pay  their  full  proportion  of  Taxes, 
for  the  support  of  His  Majesty’s  Government  here,  it  is  unrea- 
sonable for  them  to  be  called  upon  to  pay  any  part  of  the 
charges  of  the  Government  there. 

* Chapter  VII.  of  the  Acts  of  Parliament,  passed  in  the  13tli  year  of  George 
II  (A.  D.  1840),  seems  to  be  the  Act  here  referred  to.  It  provides  that  fo- 
reigners living  for  seven  years  in  any  of  the  British  Colonies  in  America  should 
he  deemed  and  taken  to  be  natural  born  subjects  of  His  Majesty  upon  taking 
and  subscribing  the  Oaths  and  Declaration  prescribed  by  the  Act  of  George  I., 
entitled  An  Act  for  the  further  security  of  His  Majesty’s  Person  and  Govern- 
ment, and  the  succession  of  the  crown  in  the  heirs  of  the  late  Princess  Sophia, 
being  Protestants,  and  for  extinguishing  the  hopes  of  the  pretended  Prince  of 
Wales. 


MASSACHUSETTS  PAPERS. 


3 


10.  Resolved , That  the  Inhabitants  of  this  Province  are  not, 
and  never  have  been  represented  in  the  Parliament  of  Great 
Britain,  And  that  such  a Bepresentation  there,  as  the  subjects  in 
Britain  do  actually  and  rightfully  enjoy,  is  impracticable  for  the 
subjects  in  America.  And  further,  That  in  the  opinion  of  this 
House,  the  several  subordinate  Powers  of  Legislation  in  Ame- 
rica were  constituted  upon  the  apprehensions  of  this  Impractica- 
bility. 

11.  Resolved , That  the  only  method  whereby  the  Constitu- 
tional Bights  of  the  subjects  of  this  Province  can  be  secure, 
consistent  with  a subordination  to  the  Supreme  Power  of  Great 
Britain,  is  by  the  continued  exercise  of  such  Powers  of  Govern- 
ment as  are  granted  in  the  Boyal  Charter,  and  a firm  adherence 
to  the  Privileges  of  the  same. 

12.  Resolved , As  a just  conclusion  from  some  of  the  foregoing 
Besolves,  That  all  Acts  made  by  any  Power  whatever,  other 
than  the  General  Assembly  of  this  Province,  imposing  Taxes 
on  the  Inhabitants,  are  infringements  of  our  interest  and  unalien- 
able Bights  as  men  and  British  subjects,  and  render  void  the 
most  valuable  Declarations  of  our  Charter. 

13.  Resolved , That  the  extension  of  the  Powers  of  the  Court 
of  Admiralty  within  this  Province  is  a most  violent  Infraction 
of  the  Bight  of  Trial  by  Juries — A Bight  which  this  House, 
upon  the  Principles  of  their  British  Ancestors,  hold  most  dear 
and  sacred,  it  being  the  only  security  of  the  Lives,  Liberties, 
and  Properties  of  His  Majesty’s  subjects  here. 

14.  Resolved , That  this  House  owe  the  strictest  allegiance  to 
His  most  sacred  Majesty,  King  George  the  Third,  That  they 
have  the  greatest  veneration  for  the  Parliament,  And  that  they 
will,  after  the  Example  of  all  their  Predecessors  from  the  settle- 
ment of  this  Country,  exert  themselves  to  the  utmost  in  sup- 
porting His  Majesty’s  Authority  in  this  Province,  in  Promoting 
the  true  happiness  of  His  subjects,  and  in  enlarging  the  extent 
of  His  Dominions. 


4 


MASSACHUSETTS  PAPERS. 


Ordered , That  all  the  foregoing  Resolves  be  kept  in  the  Re- 
cords of  this  House,  That  a just  sense  of  Liberty,  and  the  firm 
sentiments  of  Loyalty,  may  be  transmitted  to  Posterity. 

SAM.  WHITE,  Spier. * 


SAMUEL  WHITE,  SPEAKER  OF  THE  HOUSE  OF  REPRESENTATIVES  OF 
MASSACHUSETTS,  TO  DENNIS  DE  BERDT.f 

Boston,  Nov.  7,  1765. 

Sir: 

The  late  General  Congress  of  the  British  Colonies  at  New 
York,  having  agreed  to  recommend  it  to  the  respective  Assem- 
blies to  appoint  special  Agents  to  solicit  and  pursue  the  several 
Petitions  there  agreed  on,  and  thence  forwarded  to  Great  Britain, 
in  consequence  of  said  Recommendation  the  House  of  Repre- 
sentatives of  that  Province,  have  by  a large  majority  made 
choice  of  you  as  their  Agent  to  the  special  Purposes  above 
mentioned. 

* “ Hon.  Samuel  White,  a native  of  Braintree,  was  probably  the  first  Bar- 
rister at  Law  residing  in  the  town  of  Taunton.  He  graduated  at  Harvard 
College  in  1731,  and  located  in  Taunton,  as  a lawyer,  about  the  time  the  courts 
began  to  be  held  there,  that  is,  in  1745.  He  was  great  grandson  of  Thomas 
White,  early  at  Weymouth.  Samuel  White  was  born  in  1710,  and  died 
March  20th,  1769.  He  had  the  honor  of  presiding  over  the  House  of  Repre- 
sentatives during  the  period  of  the  Stamp  Act.  It  was  the  circular  signed  by 
him,  as  Speaker  of  the  House,  which  called  together  the  first  Congress  that 
assembled  at  New  York,  in  October,  1765.  He  may  be  considered,  therefore, 
as  one  of  the  men  who  exerted  an  important  influence  in  the  incipient  steps 
towards  Revolution.” — Emery’s  Ministry  of  Taunton. 

f Dennis  (or  Denys,  as  the  name  seems  to  have  been  originally  written) 
De  Berdt,  was  a London  Merchant,  of  Huguenot  extraction.  He  was  agent  for 
“ the  three  lower  counties,”  now  the  State  of  Delaware,  as  well  as  for  Massa- 
chusetts. His  portrait  is  to  be  seen  in  the  State  House  at  Boston.  Gen. 
Joseph  Reed,  of  the  Army  of  the  Revolution,  married  his  daughter  Esther,  a 
Memoir  of  whose  life,  written  by  her  Grandson,  William  B.  Reed,  Esq.,  was 
privately  printed  in  1853. 


MASSACHUSETTS  PAPERS. 


5 


Mr.  Jackson,  the  standing  Agent  for  the  Province,  by  a letter 
from  the  House  in  their  May  Session,  received  instructions  how 
to  conduct  himself  in  this  arduous  affair.  You  will  consult 
him  and  the  Agents  of  the  other  Colonies,  and  exert  your 
Abilities  and  Influence  to  serve  us,  and  join  with  them  in  re- 
taining such  Council  as  may  be  needful.  You  will  have  a copy 
of  the  Opinion  of  Congress  upon  the  Rights  and  Privileges  of 
the  Colonists;  as  also  copies  of  the  Petitions  agreed  on,  with 
the  Resolves  of  this  House,  which  will  fully  explain  to  you, 
and  the  other  Agents,  what  their  Constituents  expect  of  them. 
We  must  believe  if  our  Petitions  are  sincerely  presented,  and 
duly  attended  to,  that  His  Majesty  and  the  Parliament  will  be 
Graciously  pleased  to  relieve  two  or  three  millions  of  very 
dutiful,  loyal  and  useful  subjects  from  their  present  Distresses. 
We  wish  you  success  in  your  Negociations  and  Prosperity  in 
your  own  affairs,  and  am  with  the  greatest  esteem 

Yr’s,  &c. 

In  behalf  of  the  House  of  Representatives, 

SAM.  WHITE,  Spk’r. 

P.  S. — The  House  takes  this  opportunity  to  acquaint  you, 
that  they  have  directed  the  Province  Treasurer  to  remit  to  you 
Two  hundred  Pounds  sterling,  to  enable  you  to  solicit  and  pur- 
sue the  before  mentioned  Petitions.  Your  services  will  be  con- 
sidered hereafter. 

To  Dennis  Dubert,  Esq. 

Endorsed:  Boston,  JSTov.  7th,  Sam.  White,  Speaker  to  the 
House  of  Representatives.  Received  December  12th,  1765. 


G 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  JAMES  OTIS  AND  OTHERS,  TO  DENNIS  DE  BERDT.* 

Boston,  Decem.  21,  1765. 

Sir  : 

The  House  of  Representatives  of  this  Province,  having  ap- 
pointed you  their  Agent  for  the  Purposes  mentioned  in  their 
Letter  to  you,  is  the  occasion  of  our  writing  to  you;  not  indeed 
by  Order,  but  as  individual  members.  The  House  was  so  fully 
informed  of  your  ability  and  inclination  to  serve  the  Province, 
that  your  election  was  soon  determined  by  a very  great  major- 
ity. W e hope  you  will  have  received  the  Advice  of  your  Ap- 
pointment before  this  comes  to  hand,  and  we  may  assure  you 
that  your  acceptance  of  the  Trust  will  give  general  satisfaction 
to  the  Good  People  here. 

His  Majesty’s  subjects  of  this  Province  are  very  uneasy,  at 
several  Acts  of  Parliament  lately  made,  by  which  their  trade  is 
greatly  obstructed,  and  unless  a Remedy  is  applied,  it  is  feared 
must  soon  be  ruined.  It  has  been  very  justly  observed,  that 
the  advantages  drawn  from  America  to  Great  Britain,  are  to 
arise  from  Commerce,  and  therefore,  to  encourage  and  promote 
that,  is  her  sure  Policy.  The  Profits  of  the  Trade  of  the  Colo- 

* Thomas  Cushing  was  born  in  1725,  and  graduated  at  Harvard  College,  in 
1744.  He  represented  Boston  in  the  Provincial  House  of  Representatives,  of 
which  he  was  chosen  Speaker,  a post  which  his  father  had  previously  filled. 
He  was  a Member  of  the  First  and  Second  Congresses,  and  afterwards  succes- 
sively a Member  of  the  Council,  Judge  of  the  Courts  of  Common  Pleas  and 
of  Probate  for  Suffolk  County,  and  Lieutenant  Governor  of  the  State,  which 
last  office  he  filled  at  the  time  of  his  death,  February  28th,  1778.  He  is  de- 
scribed as  having  possessed  great  abilities,  and  as  having  been  a friend  to 
learning. 

Thomas  Gray  was  a Merchant,  residing  in  Boston,  of  which  town  he  was  one 
of  the  Four  Representatives  in  “ the  General  Court,”  as  the  House  of  Assembly 
was  then  called,  during  the  year  1765. 

Edward  Slieafe,  was  originally  from  New  Hampshire. 

Of  the  two  other  Signers  of  this  letter,  it  must  be  unnecessary  to  say  a word 
here. 


MASSACHUSETTS  PAPERS. 


7 


rues,  through  its  several  channels  center  in  Britain,  and  there- 
fore, to  stop  these  channels  must  be  evidently  to  her  prejudice. 
This  will  be  the  case  while  the  Sugar  Act  remains  in  Force. 
The  English  West  India  Islands  do  not  produce  sufficient  for 
the  consumption  and  Trade  of  the  Continent.  To  confine  us 
then  to  these  Islands  must  diminish  the  trade. — It  will  in  a 
great  measure  even  dry  up  its  very  source.  Our  trade  to  the 
West  Indies  and  our  Fishery  are  mutual  supports  to  each  other. 
They  are  indeed,  jointly  the  grand  basis  of  the  whole.  The 
Duty  of  three  pence  per  gallon  on  foreign  Molasses  amounts  to 
a full  Prohibition,  and  must  soon  put  a stop  to  that  Branch. — 
As  one  third  part  at  least,  of  all  the  Fish  that  is  taken  is  fit  for 
no  other  market,  it  is  easy  to  conceive  how  much  our  Fishery 
must  be  injured.  It  is  much  to  be  feared,  that  so  great  a loss 
of  labor  added  to  the  usual  expense  of  carrying  it  on  will  prove 
a total  discouragement  to  it.  The  Colonies  may  in  consequence 
of  this  be  put  upon  contriving  some  other  methods,  perhaps  to 
their  own  greater  advantage,  and  not  so  beneficial  to  the  nation. 
Be  that  as  it  may,  it  is  certain  there  will  be  an  end  to  Remit- 
tances that  are  now  made  to  Spain,  Portugal,  and  other  parts  of 
Europe,  through  which  the  greatest  part  of  the  Produce  of 
America,  and  the  Profits  of  the  Trade  flow  into  Great  Britain 
and  set  her  Manufacturers  of  all  kinds  to  work.  By  means  of 
the  Trade  of  the  Colonies,  as  hitherto  carried  on,  millions  of 
them  have  been  enabled  yearly  to  consume  British  Manufac- 
tures. An  attempt  to  raise  Revenues  out  of  their  Trade,  as  it 
will  in  effect  advance  the  price  of  your  Manufactures,  will  re- 
duce the  People  to  the  necessity  of  setting  up  Manufactures  of 
their  own.  Their  necessity  will  quicken  their  Invention,  and 
they  will  become  by  degrees  less  useful  and  in  time  entirely 
useless  to  the  Mother  Country.  But  we  humbly  apprehend  it 
would  appear  too  partial  for  a Nation  to  confine  her  Views  to 
her  own  Interest  in  regulating  the  Trade  of  her  Colonies. 
There  is  Justice  due  to  them  as  subjects. — As  such  they  have 
an  equal  Right  with  the  Inhabitants  of  Britain,  of  making  use 


8 


MASSACHUSETTS  PAPERS. 


of  Trade  and  all  other  honest  means  of  subsisting  and  enrich- 
ing themselves.  The  nation  would  show  her  Wisdom  in 
cherishing  the  Trade  of  the  Colonies,  while  she  reaps  so  large  a 
share  of  the  Profits  of  it,  but  to  abridge  their  Trade,  even 
though  it  should  not  be  an  advantage  to  her,  unless  it  also  evi- 
dently appears  to  be  carried  on  to  her  prejudice,  would  not 
seem  to  be  just. 

The  Colonists  have  as  great  a Regard  for  Right,  Liberty, 
and  Justice  as  any  People  under  Heaven.  And  they  generally 
have  knowledge  enough  to  discover  when  their  Rights  are  in- 
fringed. If  this  be  true,  you  will  own  they  merit  the  esteem 
of  every  man  of  Sense  in  England,  especially  when  it  may  be 
justly  added  that  they  are,  and  ever  have  been,  as  loyal  sub- 
jects as  any  the  King  has.  They  hold  themselves  intitled  to 
all  the  inherent  unalienable  Rights  of  Nature,  as  men,  and  to 
all  the  Essential  Rights  of  Britons,  as  subjects.  The  Common 
Law  of  England,  and  the  grand  leading  Principles  of  the 
British  Constitution  have  their  foundation  in  the  Laws  of 
Nature  and  universal  reason.  Hence  one  would  think  that 
British  Rights  are  in  a great  measure  unalienable , the  Rights  of 
the  Colonists,  and  of  all  men  else,  j The  American  subjects  are 
by  Charters  from  the  Crown  and  other  royal  Institutions 
declared  intitled  to  all  the  Rights  and  Privileges  of  natural 
born  subjects  within  the  Realm,  and  with  good  reason,  for  as 
emigrating  subjects,  they  brought  the  Rights  and  Laws  of  the 
Mother  State  with  them.  / Had  they  been  conquered,  we  pre- 
sume that  by  the  British  Constitution  after  taking  the  Oaths 
of  Allegiance  they  would  be  acknowledged  as  free  Subjects — 
much  more  when  they  have  been  neither  Rebels  nor  Enemies, 
but  have  greatly  merited  of  their  Mother  Country,  by  subdu- 
ing and  settling  a large  Continent,  to  the  amazing  increase  of 
National  Power  and  Wealth.  Let  it  be  observed  that  the  New 
England  Provinces  were  settled  by  our  Ancestors,  who  came 
over  but  little  more  than  a Century  ago.  And  they  have  been 
defending  them  without  a Farthing  expense  to  the  Crown  or 


MASSACHUSETTS  PAPERS. 


9 


any  private  man  in  England,  ’till  the  last  War,  when  the  Na- 
tion began  to  see  their  real  importance.  By  the  Act  of  18th 
Geo.  2nd,  for  naturalizing  Foreigners,  the  Colonists,  are  con- 
sidered as  natural  born  Subjects,  and  intitled  to  all  the  essen- 
tial Bights  of  such.  The  primary,  Absolute  natural  Bights  of 
Englishmen,  as  frequently  declared  in  Acts  of  Parliament  from 
Magna  Charter  to  this  day  are  Personal  Security , Personal 
Liberty,  and  Private  Property,  and  to  these  rights  the  Colonies 
are  intitled  by  Charters,  by  Common  Law,  and  by  Acts  of 
Parliament.  Can  it  then  be  wondered  at  that  the  Act  for 
levying  Stamp  Duties  upon  the  Colonies  should  be  astonishing 
to  them  since  in  Divers  respects  it  totally  annihilates  these 
Bights.  It  is  a great  fundamental  Principle  of  the  British 
Constitution  that  the  Supreme  Power  cannot  take  from  any 
man  any  part  of  his  Property  without  his  consent  in  person,  or 
by  Bepresentation.  It  is  certain  the  Consent  of  the  Colonists 
was  in  no  sense  had  in  Parliament,  nor  even  asked  when  this 
Act  was  made  to  tax  them.  They  never  had  the  Beturn  of 
one  Member  of  Parliament,  not  a single  vote  in  the  Election  of 
one.  The  Bight  of  Trials  by  Juries  is  also  justly  esteemed  a 
main  Pillar  of  the  British  Constitution,  and  the  best  Security 
of  the  Lives,  Liberty,  and  Property  of  the  Subjects — but  by 
this  Act,  the  Property  of  the  American  Subjects  is  triable  at 
the  option  of  an  Informer  by  Courts  of  Admiralty  without 
Juries.  The  Bight  of  Bepresentation  and  the  Argument 
against  this  Tax  founded  upon  it,  is  so  Constitutional,  that  the 
writers  in  favor  of  it  have  been  put  to  great  shifts  to  evade  it. 
We  have  been  told  that  we  are  virtually  represented,  but  we 
must  desire  an  explanation  of  this  vague  Term  before  we  can 
give  it  a serious  consideration.  We  are  put  upon  a footing 
with  Birmingham,  Manchester,  and  other  Towns  in  England, 
who,  they  say,  send  no  Bepresentatives,  and  yet  are  taxed. 
But  have  not  those  Towns  a Constitutional  Bight  to  be  repre- 
sented, and  if  they  chuse  to  waive  it,  can  that  be  a good 
reason  for  taxing  the  Colonies  without  a Bepresentation? 


10 


MASSACHUSETTS  PAPERS. 


Would  it  not  be  equally  reasonable  for  the  majority  of  the 
Members  of  Parliament  to  deprive  the  Constituents  of  the 
Minority  of  the  same  Eight,  and  tax  them  at  Discretion  ? But 
Birmingham  and  the  few  Towns  who  send  no  members  cannot 
be  deemed  reasonable  Precedents  for  taxing  all  America,  when 
it  is  considered  that  all  Counties  in  England  return  members, 
and  all  Freeholders  have  a vote  in  their  Election,  and  so  in 
Fact  are  represented.  In  the  Act  of  the  First  of  James  the 
First,  where  in  the  Parliament  recognized  their  Faith,  Obedi- 
ence, and  Loyalty  to  Ilis  Majesty  and  Eoyal  progeny  it  is  de- 
clared that  in  that  High  Court  of  Parliament,  all  the  whole 
body  of  the  Kealm,  and  every  particular  member  thereof, 
either  in  Person  or  by  Eepresentation,  upon  their  own  Free  Elec- 
tion are  by  the  Laws  of  this  Eealm  deemed  to  be  personally 
Present.  But  can  it  with  the  least  shadow  of  Truth  be  said 
that  the  Colonies  are  there  in  Person  or  by  Eepresentation, 
upon  their  own  Free  Election?  Yet  the  general  superintend- 
ing Power  of  the  Parliament  over  the  whole  British  Empire  is 
clearly  admitted  here,  so  far  as  in  our  circumstances  is  consist- 
ent with  the  enjoyment  of  our  essential  Eights  as  Freemen 
and  British  Subjects ; and  we  humbly  conceive  that  by  the 
Constitution,  it  is  no  further  admissible  by  Great  Britain 
herself. 

When  we  plead  the  right  of  Eepresentation  we  only  mean 
to  have  our  not  being  represented  upon  our  own  free  Election 
considered  as  a reason  why  we  should  not  be  taxed  by  the 
Parliament ; and  we  apprehend,  that  as  we  are  intitled  to  all 
the  Eights  of  British  Subjects,  it  is  a Eeason  that  cannot  be 
withstood  without  violence  to  the  Constitution.  We  are  far 
however  from  desiring  any  Eepresentation  there,  because  we 
think  the  Colonies  cannot  be  equally  and  fully  represented ; 
and  if  not  equally,  then  in  effect  not  at  all.  A Eepresentative 
should  be,  and  continue  to  be  well  acquainted  with  the  Internal 
Circumstances  of  the  People  whom  he  represents.  It  is  often 
necessary  that  the  circumstances  of  Individual  Towns  should 


MASSACHUSETTS  PAPERS. 


11 


be  brought  into  comparison  with  those  of  the  whole,  so  it  is 
particularly  when  Taxes  are  in  consideration.  The  Propor- 
tionate part  of  each  to  the  whole  can  be  found  only  by  an 
exact  knowledge  of  the  internal  Circumstances  of  Each.  Now 
the  Colonies  are  at  so  great  a distance  from  the  Place  where 
the  Parliament  meets,  from  which  they  are  separated  by  a wide 
Ocean,  and  their  circumstances  are  so  often  and  continually 
varying,  as  is  the  case  in  Countries  not  fully  settled,  that  it 
would  not  be  possible  for  men  tho’  ever  so  well  acquainted 
with  them  at  the  beginning  of  a Parliament,  to  continue  to 
have  an  adequate  knowledge  of  them  during  the  existence  of 
that  Parliament.  If  a Representative  cannot  be  supposed  to 
have  an  exact  knowledge  of  the  abilities  of  his  constituents  in 
proportion  to  the  whole,  when  a general  Tax  is  under  conside- 
ration, he  cannot  be  said  to  represent  them,  so  far  at  least,  as 
respects  this  very  essential  concern.  He  must  be  a mere 
Cypher  in  the  House,  for  he  can  give  neither  Yea  nor  Nay ; 
for  want  of  a material  knowledge.  An  unequal  proportion  in 
Taxes  may  naturally  be  expected  from  so  partial  and  insuffi- 
cient a Representation  which  it  is  most  likely  would  be  to  the 
prejudice  of  the  Colonies ; for  without  supposing  an  undue 
Bias  in  the  House  of  Commons,  which,  however,  may  possibly 
hereafter  take  place,  it  is  to  be  considered  that  the  taxes  of  the 
People  in  Britain  will  be  lighter  in  proportion  to  what  is  laid 
on  the  Colonies ; and  if  what  the  Colonies  ought  to  bear  is  a 
matter  of  mere  conjecture,  it  is  not  likely  that  the  Nation,  in 
such  a case,  would  form  an  estimate  to  her  own  prejudice.  In 
short  it  appears  to  us  that  the  Nation  would  not  only  be  a 
party,  but  the  judge  too,  without  that  knowledge  or  the  possi- 
bility of  having  it,  which  would  be  necessary  to  form  a right 
judgment  or  even  any  at  all.  The  Stamp  Act  itself  may  serve 
to  show  how  liable  even  the  Parliament  may  be  to  err  in  this 
important  matter,  for  want  of  an  adequate  knowledge  of  the 
Circumstances  of  the  Colonies,  while  they  meant  only  to  lay 
upon  them  a reasonable  Tax.  The  Minister,  tho’  he  was  at 


12 


MASSACHUSETTS  PAPERS. 


the  pains  of  getting  all  the  information  he  could,  from  some 
gentlemen  of  reputed  knowledge  of  the  Colonies,  then  in  Eng- 
land, has  procured  a Parliamentary  Tax  upon  them,  amount- 
ing, as  we  are  told,  to  a much  greater  sum  than  either  he  or  the 
Parliament,  or  even  those  Gentlemen  who  had  so  lately  left  the 
Colonies,  imagined  it  would.  Such  mistakes  in  point  of  Tax- 
ation, we  are  apt  to  think,  would  generally  and  unavoidably  be 
made,  even  tho’  we  should  be  represented  as  fully  as  our  great 
Distance  from  England  and  different  circumstances  would  ad- 
mit of. 

The  several  Subordinate  Powers  of  Legislation  in  America 
seem  very  probably  to  have  been  constituted  upon  their  being 
considered  as  free  Subjects  of  England,  and  the  Impossibility 
of  their  being  represented  in  the  Parliament ; for  which  Reason 
these  Powers  ought  to  be  held  sacred.  By  means  thereof  that 
Liberty  which  they  justly  claim  as  their  birthright  is  establish- 
ed. To  deprive  them  of  these  subordinate  Powers,  which  is  in 
effect  done  by  the  Stamp  Act,  destroys  that  Liberty.  The 
Exercise  of  Parliamentary  Jurisdiction  in  levying  external  and 
internal  Taxes  on  the  Colonists  while  they  are  not  and  cannot 
be  represented,  is  inconsistent  with  any  degree  of  Freedom. 
It  brings  them  under  a Government  essentially  different  from 
that  which  their  fellow  Subjects  in  Britain  are  under.  The 
American  Powers  of  Government  are  rather  to  be  considered 
as  matters  of  Justice  than  Favour — without  them  they  cannot 
enjoy  that  Freedom,  which,  having  never  forfeited,  no  power 
on  earth  has  any  right  to  deprive  them  of. 

The  Charter  of  this  Province  invests  the  Power  of  making 
Laws  for  its  internal  Government  in  the  General  Assembly. 
Our  Laws  are  made  with  the  consent  of  Representatives  of  our 
own  Free  Election.  The  people  are  all  personally  present  by 
their  Representatives  in  the  Assembly  which  governs  and  taxes 
them — and  thus  the  full  enjoyment  of  those  essential  Rights 
which  justly  belongs  to  them  as  subjects  of  Great  Britain  is 
preserved.  At  the  same  time  that  Dependence  and  Subordina- 


MASSACHUSETTS  PAPERS. 


13 


tion  which  they  are  ever  ready  to  acknowledge  will  appear  to 
be  effectually  secured,  when  it  is  considered,  that  their  Laws 
must  first  have  the  concurrence  of  the  Council,  upon  whose 
election  the  Chair  has  a negative ; and  then  the  consent  of  the 
Governor,  who  is  appointed  by  the  Crown,  before  they  can  be 
in  Force — and  finally,  they  must  be  laid  before  his  Majesty, 
who  at  any  Time  during  three  years  disannuls  them  at  his 
Eoyal  Pleasure.  Here  is  all  the  check  which  the  Nation  can 
in  Eeason  desire ; a further  controul  would  leave  them  the  name 
only  of  free  Subjects. 

We  find  that  attempts  have  been  made  to  raise  a jealousy  in 
the  nation,  that  the  Colonists  are  struggling  for  Independence, 
than  which  nothing  can  be  more  injurious.  It  is  neither  their 
interest,  nor  have  they  ever  shown  the  least  Disposition  to  be 
independent  of  Great  Britain.  They  have  always  prided  them- 
selves, in  being  British  Subjects,  and  have  with  the  greatest 
cheerfulness,  done  every  thing  in  their  power  to  promote  the 
common  cause  of  the  nation.  And  we  have  reason  to  believe 
that  the  Colonists  will  ever  remain  firmly  attached  to  the  Mother 
Country.  W e are  with  great  esteem, 

Sir, 

Your  most  humble  Servants, 

JAMES  OTIS, 

THOMAS  CIJSHING, 
THOMAS  GRAY, 
SAMUEL  ADAMS, 
EDW.  SHEAFE. 


Demmis  De  Berdt,  Esq. 


u 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  THOMAS  CUSHING,  SPEAKER,  TO  DENNIS  DE  BERDT. 

Boston,  June  28,  1766. 

Sir: 

The  House  of  Representatives  are  now  sitting,  and  have 
before  them  your  letters  of  the  11th  and  16  th  of  January,  the 
15th  and  22nd  of  February,  the  1st  of  March,  and  the  26th  of 
April  last. 

The  House  observe  with  great  pleasure  and  entire  approba- 
tion, the  attention  you  have  given  to  the  Interest  of  the  Pro- 
vince, and  the  unwearied  assiduity  with  which  you  have  prose- 
cuted it,  in  particular  with  respect  to  the  care  you  so  early 
took  of  the  Petitions  of  the  Congress.  Which  the  House  have 
the  satisfaction  to  believe  were  of  great  use,  notwithstanding 
they  were  deemed  to  be  deficient  in  point  of  Form. 

The  repeal  of  the  Stamp  Act  has  diffused  a general  joy 
throughout  this  Loyal  Province,  and  the  Representatives  of  the 
People  regard  all  those  who  have  contributed  towards  this 
happy  event  with  a gratitude  in  proportion  to  their  exertions 
in  the  cause  of  Truth  and  Liberty.  You  will  therefore  assure 
yourself  that  your  merit  cannot  by  any  means  pass  unnoticed. 

Among  such  a multitude  of  Friends  and  Patrons  which  Pro- 
vidence has  raised  up  to  interpose  in  our  behalf,  it  is  impossi- 
ble the  House  should  be  able  to  transmit  their  Thanks  to  each 
individual  by  name. 

Our  most  gracious  Sovereign,  whom  next  to  God  we  love 
and  honor,  the  House  did  early  in  this  Session  resolve  to  ad- 
dress in  very  humble,  dutiful,  and  grateful  terms. — The  Ad- 
dress will  be  forwarded  to  you  by  this  conveyance,  which  it  is 
expected  you  will  take  care  to  have  presented. 

The  House  have  also  voted  that  their  sincere  thanks  be  given 
to  a number  of  worthy  Personages  who  have  distinguished 
themselves  by  their  noble  and  generous  Patronage  of  the  Brit- 
ish Colonies ; and  that  a Copy  of  the  vote  be  transmitted  to 


MASSACHUSETTS  PAPERS. 


15 


each  of  them,  in  the  most  respectful  manner  bj  the  Speaker, 
the  charge  of  which  the  House  likewise  commits  to  you — and 
it  is  desired  that  you  will  apologize  for  unavoidable  omissions ; 
and  in  the  name  of  the  House  thank  those  gentlemen,  whose 
services  had  they  come  to  onr  knowledge,  would  have  demand- 
ed a more  particular  notice. 

From  some  expression  in  the  Protest  of  a number  of  noble 
Lords  against  the  Repeal  of  the  Stamp  Act,  the  House  are  ap- 
prehensive that  some  injurious  accounts  have  been  given  by 
some  Persons  in  the  Colonies,  of  the  dispositions  of  these  Colo- 
nies towards  the  Parent  State ; the  House  have  therefore 
resolved,  that  a Representation  of  the  Conduct  of  this  Govern- 
ment during  the  late  difficult  times  be  drawn  up,  which  will 
serve  to  set  the  Province  in  a true  and  fair  light.- — This  is  like- 
wise by  a vote  of  the  House,  to  be  transmitted  to  you,  to  be 
laid  before  his  Majesty’s  Ministers. 

In  your  Letter  of  the  26th  of  April,  you  express  a great 
desire  to  “serve  the  Interest  of  the  Province  in  the  other 
articles  ” that  are  yet  depending  in  Parliament,  which  you  say 
“ would  not  all  be  compleated  in  that  session.” 

The  House  have  wrote  fully  by  this  opportunity  to  Mr.  Jack- 
son,  to  whom  you  are  referred  for  Particulars.  The  House  un- 
derstand that  a Committee  of  Merchants  are  about  making 
Proposals  to  the  Parliament  for  the  Regulation  of  the  American 
Trade.  As  it  may  be  necessary  that  the  Parliament  should 
have  a true  State  of  the  Trade  and  its  circumstances,  you  are 
desired  to  prevent  any  such  Proposals  being  made  ’till  such 
state  can  be  forwarded,  which  we  are  told  the  Merchants  in 
this  place  are  preparing. 

In  the  name  and  behalf  of  the  House  of  Representatives, 

I am,  Sir,  Your  most  humble  Serv’t, 

THOMAS  CUSHIAG,  Speaker. 

P.  S.  Inclosed  you  have  the  votes  of  Thanks  with  the  letters 
accompanying  them,  directed  to  the  several  worthy  Personages 


16 


MASSACHUSETTS  PAPERS. 


who  have  exerted  themselves  in  Favoring  the  Colonies,  which 
you  will  please  to  deliver  to  them  respectively,  and  in  case  there 
should  be  any  mistake  with  respect  to  their  titles  or  Places  of 
Eesidence,  please  to  take  off  the  covers  and  rectify  the  same. 

Dennis  De  Berdt,  Esq. 


LETTER  FROM  THOMAS  CUSHING,  SPEAKER,  TO  DENNIS  DE  BERDT. 


Boston,  December  6,  1766. 

Sir: 

The  House  of  Representatives  have  had  communicated  to 
them  by  His  Excellency  the  Governor,  a Letter  he  received 
from  the  Right  Honorable  the  Earl  of  Shelburne,  wherein  after 
acquainting  his  Excellency  that  he  had  laid  his  late  letters  and 
the  Inclosures  before  His  Majesty;  his  Lordship  adds,  “that 
His  Majesty  is  extremely  sorry  to  observe  any  degree  of  ill 
temper  remaining  in  his  Colony  of  Massachusetts  Bay,  or  that 
points  have  been  so  improperly  agitated  as  to  tend  to  revive 
disputes  which  every  friend  to  America  would  wish  to  be 
forgot.” 

It  is  a matter  of  unspeakable  sorrow  and  concern  to  us,  to 
find  our  most  Gracious  Sovereign  thus  expressing  his  displeasure 
with  the  Province,  and  were  we  conscious  that  we  justly  de- 
served it,  we  should  be  filled  with  the  deepest  shame  and  re- 
morse— some  person  has  unfairly  represented  the  Province,  and 
it  is  of  the  utmost  importance  to  ourselves  and  the  People 
whom  we  represent,  that  our  conduct  should  be  placed  in  a true 
point  of  light,  in  order  that  such  impressions  as  have  been 
made  to  our  prejudice  may  be  removed. 

As  His  Majesty  has  been  pleased  in  His  great  clemency  to 
show  his  readiness,  not  only  to  forgive,  but  to  forget,  every 
mark  of  an  undutiful  disposition  in  his  subjects  of  these  Colo- 
nies in  the  late  time  of  distraction  (which  the  People  are  ready 


MASSACHUSETTS  PAPERS. 


17 


at  all  times  to  recognize  with  the  warmest  gratitude),  and  as  he 
has  thought  proper  to  take  notice  particularly  of  points  so  im- 
properly agitated,  as  to  tend  to  the  revival  of  disputes,  we  pre- 
sume that  it  has  been  represented  to  his  Majesty  that  such 
points  have  been  improperly  agitated  since  these  disputes  that 
happened  when  this  whole  Continent  was  even  in  an  Agony, 
had  subsided  by  means  of  that  relief  which  His  Majesty  in 
Parliament  had  graciously  and  wisely  afforded  to  us.  It  is 
sufficient  then,  for  us  to  give  you  an  impartial  account  of  the 
temper  of  the  People  and  the  Conduct  of  this  House  since  the 
Happy  Repeal  of  the  Stamp  Act. 

The  news  of  this  great  event  was  expected  with  the  utmost 
Ardor,  and  no  sooner  did  it  arrive  than  joy  was  diffused  through 
every  Rank,  and  so  expressive  were  the  People  of  their  grati- 
tude, that  nothing  more  could  have  been  done  by  them,  unless 
they  had  adored.  This,  Sir,  is  not  exaggeration,  nor  was  it  a 
sudden  flash,  for  as  they  were  ever  before  a loyal,  they  have 
ever  since  discovered  themselves,  so  far  as  we  have  been  able 
to  observe  their  behaviour,  a dutiful,  orderly,  and  grateful  peo- 
ple. If  they  have  been  otherwise  represented,  you  may  be  as- 
sured that  it  is  an  injustice  done  them.  As  an  evidence  of  the 
quiet  disposition  of  this  People,  and  that  you  may  the  more 
easily  rely  upon  the  character  we  have  now  given  them,  we 
would  only  observe  to  you,  that  when  the  King’s  Courts  of  Jus- 
tice in  this  Province  were  shut  up  for  six  months,  to  the  un- 
speakable loss  and  damage  of  the  People  in  general,  at  a time 
when,  if  ever  it  might  be  expected  that  Resentment  might  be 
shown  in  an  unsuitable  manner,  they  bore  it  as  became  good 
subjects,  and  maintained  their  own  order  even  in  a state  of 
nature  to  which  they  were  reduced  by  this  unprecedented  mea- 
sure. 

The  conduct  of  this  House,  if  we  may  be  allowed  to  say  it, 
has  been  unexceptionable.  They  met  in  General  Assembly 
with  a very  happy  disposition,  and  though  it  must  be  acknow- 
ledged, that  points  have  been  agitated  which  had  a tendency  to 
3 


18 


MASSACHUSETTS  PAPERS. 


revive  former  disputes,  jet  they  are  not  justly  chargeable  with 
them. — The  first  day  of  their  meeting  his  Excellency  the  Go- 
vernor was  pleased  to  take  exceptions  at  their  conduct,  which 
however  it  may  be  colored,  the  House  cannot  with  propriety, 
or  the  least  spark  of  candour,  be  taxed  with  an  ill  temper 
towards  His  Majesty  or  the  Parliament,  or  with  respect  to  our 
happy  connection  with  the  Mother  Country.  The  two  Houses 
thought  fit  in  their  Elections  to  make  a change  of  some  of  the 
Counsellors,  and  His  Excellency  might  have  presumed  that 
they  acted  upon  principles  of  public  emolument;  and,  if  he  had 
only  exercised  his  undoubted  prerogative  in  negativing  such 
Gentlemen  as  he  did  not  approve  of,  all  would  have  silently 
submitted.  But  his  Excellency  was  pleased  publicly  to  give 
his  reasons,  by  saying  that  the  Government  was  attacked  in 
form ; that  there  was  a professed  design  to  deprive  it  of  its  best 
and  most  able  servants,  whose  only  crime  was  their  fidelity  to 
the  Crown,  and  that  he  could  not  be  indifferent,  but  that  he  was 
obliged  to  exercise  every  legal  and  constitutional  power  to 
maintain  the  King’s  Authority  against  this  ill-timed  and  ill- 
judged  oppugnation  of  it.  His  Excellency  must  have  referred 
to  this  transaction,  for  no  other  business  of  a public  nature  had 
been  done  when  he  delivered  this  speech.  Did  it  not  require 
a great  stock  of  prudence  in  the  House  to  suppress  Resentment 
when  they  and  all  the  world  were  told  that  they  were  guilty  of 
fighting  against  His  Sacred  Majesty.  His  Excellency  might 
have  given  another  colouring  to  this  conduct  of  the  two  Houses 
by  suggesting  a better  reason  for  it  than  a prejudice  in  them 
against  particular  gentlemen  for  their  fidelity  to  the  Crown, — 
it  was  notorious  long  before  the  Stamp  Act  was  thought  of, 
that  a very  great  uneasiness  subsisted  among  the  people  be- 
cause in  the  elections  from  year  to  year  it  was  thought  suffi- 
cient care  was  not  taken  to  keep  the  Legislative  Judiciary  and 
Executive  powers  more  asunder;  and  an  attempt  was  frequently 
made,  but  it  never  was  effected  before  His  Excellency,  in  the 
same  speech  tells  the  two  Houses  that  it  is  not  unusual  for 


MASSACHUSETTS  PAPERS. 


19 


private  Interests  and  resentments  to  intermix  with,  popular  dis- 
content, and  to  execute  their  purposes  under  the  borrowed 
mask  of  patriotic  Zeal:  and  talks  of  the  infatuation  of  the  late 
times  in  such  high  terms,  as  in  an  unguarded  hour  must  have 
reviv’d  such  Disputes  in  the  Assembly  as  every  friend  to  Ame- 
rica then  wish’d  to  be  forgot — tho’  it  must  be  owned  in  this 
very  speech  he  expresses  something  that  looks  like  tenderness 
and  affection  to  the  people  under  his  Government,  as  he  does 
in  his  Letters  to  His  Lordship,  and  promises  most  cordially  to 
use  his  utmost  endeavours  to  heal  the  Divisions  and  bury  the 
animosities  which  the  late  distracted  times  have  created. 

In  less  than  a week  after  this  speech  was  delivered  the  two 
Houses  had  another  more  severe.  In  this  he  told  them 
that  they  had  disappointed  the  expectations  of  the  King  and 
Parliament,  and  that  it  was  not  in  their  power  in  so  full  a man- 
ner as  would  be  expected  to  show  their  respectful  gratitude  to 
the  Mother  Country,  or  to  make  a dutiful  and  affectionate  re- 
turn to  the  indulgence  of  the  King  and  Parliament : That  it 
must  and  would  be  understood  that  the  gentlemen  nonelected 
were  turned  out  for  their  deference  to  Acts  of  the  British  Le- 
gislature. That  they  will  not  and  cannot  avoid  being  charge- 
able with  unthankfulness  and  dissatisfaction  on  ground  of 
former  heats,  and  that  it  was  impossible  to  give  any  tolerable 
colouring  to  this  proceeding,  which  was  only  their  chusing 
such  gentlemen  as  their  consciences  dictated  to  them,  for  still 
they  had  done  no  other  public  business — and  after  all  the 
asperity  he  promises  as  before  to  make  the  best  use  of  all  the 
means  which  they  should  put  into  his  hands  to  save  the  credit 
of  the  Province  upon  this  unhappy  emergency,  how  far  he  has 
executed  these  promises  his  letters  will  show,  which  tho’  said 
to  be  full  of  tenderness  and  affection,  his  Excellency  has  not 
condescended  to  communicate  to  the  House,  nor  even  to  his 
Council  that  we  have  heard  of,  however  conciliating  a sight  of 
them  might  prove  to  the  minds  of  his  Majesty’s  loving  subjects 
here. 


20 


MASSACHUSETTS  PAPERS. 


The  House  being  resolved  that  no  consideration  should  abate 
their  most  ardent  expression  of  Loyalty  and  Gratitude  to  His 
Majesty  and  their  affectionate  regard  to  their  illustrious  patrons 
and  friends,  immediately  formed  an  humble  address  of  thanks 
to  his  Majesty,  which  they  had  the  great  pleasure  of  hearing 
from  you  was  graciously  received,  they  also  wrote  Letters  to 
their  friends  with  sincere  thanks  for  their  noble  and  generous 
patronage  of  the  British  Colonies,  from  many  of  whom  they 
have  received  the  most  polite  condescending  answers — they 
also  without  hesitation  early  made  a grant  to  his  Excellency  of 
his  usual  Salary  and  proceeded  in  the  Common  business  of  the 
Session  with  the  greatest  cheerfulness.  They  made  establish- 
ments for  Forts  and  Garrisons  adequate  to  what  was  usually 
made  in  times  of  peace,  and  with  which  former  Governors  have 
been  well  satisfied. — Indeed  they  made  none  for  a small  trifling 
fort  at  the  Eastward,  because  by  the  total  reduction  of  Canada, 
they  apprehended  it  to  be  a needless  expense. — Thus  they  went 
on  with  alacrity,  and  any  one  not  under  the  power  of  preju- 
dice must  have  thought  that  no  ill  temper  then  prevailed  in 
the  House  and  that  no  points  were  improperly  agitated  by 
them. 

We  cannot,  without  doing  great  injustice  to  ourselves,  avoid 
telling  you  that  the  Assemblys  of  this  Province  have  always 
endeavored  to  make  his  Excellency’s  administration  prosperous 
to  his  Majesty  and  happy  for  himself,  that  they  have  spared  no 
grants  that  could  with  any  color  be  made  to  him,  and  have  in 
one  gift  transferred  their  right  to  Him  of  a certain  Island, 
Mount  Desert,  esteemed  in  the  opinion  of  most  people  to  be  a 
very  considerable  Estate. 

His  Excellency  in  the  last  mentioned  speech  communicated 
to  the  House  His  Majesty’s  most  mild  and  gracious  Recommen- 
dation  of  an  Indemnity  to  the  late  unhappy  sufferers  in  a most 
excellent  Letter  from  the  Right  Hon.  Mr.  Secretary  Conway. 
But  the  expressions  of  his  speech  upon  this  occasion  Avere  such 
as  were  naturally  disgustful  to  the  House  and  to  the  people,  he 


MASSACHUSETTS  PAPERS. 


21 


was  pleased  to  call  his  Majesty’s  Recommendation  a Requisi- 
tion, the  authority  of  which  should  preclude  all  Disputation 
about  complying  with  it — and  in  another  message  told  the 
House  that  it  was  expected  that  a compensation  should  be 
made  at  all  events — as  if  it  could  possibly  be  conceived  that 
his  most  Excellent  Majesty  should  intend  by  his  most  gracious 
Recommendation  that  a positive  peremptory  demand  should  be 
made  of  his  Subjects’  money  without  allowing  them  the  honor 
as  well  as  privilege  of  granting  it  freely.  Such  language  to 
the  House  as  His  Majesty  himself  never  us’d  to  his  Commons, 
was  highly  displeasing,  yet  they  were  affected  with  the  tender- 
ness of  expression  used  by  their  Sovereign,  they  agreed  to  lay 
the  matter  before  their  Constituents  as  what  they  thought 
reasonable,  and  as  the  sufferers  had  not  seen  fit  to  apply  for 
Relief,  they  thought  they  had  done  as  much  for  the  present  as 
his  Majesty  would,  under  that  circumstance,  expect  from  them, 
they  accordingly  had  a recess  given  them  to  consult  their 
constituents,  and  at  this  Session  the  Sufferers  having  made 
their  first  application,  a Bill  is  passed  the  House  for  grant- 
ing compensation  to  the  sufferers,  and  a general  pardon  to 
the  offenders  in  the  late  times.  This  they  comprehended  to  be 
exactly  conforming  to  the  Letter  of  his  Majesty’s  Recommenda- 
tion to  which  the  House  paid  so  Sacred  a regard  that  no  other 
consideration  would  have  prevailed  with  them  in  favor  of  any 
part  of  the  Bill. 

Thus  we  have  given  you  an  impartial  account  of  the  temper 
of  the  people  and  the  conduct  of  the  House  since  the  Repeal 
of  the  Stamp  Act,  and  we  are  willing  to  submit  it  to  any  can- 
did judges  whether  there  was  any  foundation  for  any  one  to 
represent  to  his  Majesty  that  a degree  of  ill  temper  remained 
in  his  subjects  of  this  Province  towards  his  Majesty  or  the 
Parliament,  or  in  any  other  regard.  And  we  desire  you  would 
take  the  earliest  opportunity  to  vindicate  us  to  Lord  Shelburne 
and  the  rest  of  the  ministry,  in  order  that  we  may  again  stand 


22 


MASSACHUSETTS  PAPERS. 


in  the  mind  of  our  Sovereign,  agreeable  to  our  most  earnest 
wishes  in  the  light  of  loyal  and  grateful  people. 

In  ye  name  and  behalf  of  the  House, 

I am  Sir,  Your  most  humble  Ser’t, 

THOMAS  CUSHING,  Speaker. 

Please  to  deliver  the  Inclosed  to  Lord  Shelburne. 

Endorsed. 

Mr.  Speaker  Cushing’s  Letters  to  De  B.,  Testifying  their 
affection  to  their  Mother  Country.  1766. 


LETTER  FROM  SAMUEL  DEXTER  TO  DENNIS  DE  BERDT.* 

Dedham,  in  the  Province  of  Massachusetts  Bay,  January  6th,  1767. 
As  I am  one  who  have  for  many  years  tho’t  you  a sincere 
friend  of  the  American  Colonies,  and  to  this  in  particular, 

* Samuel  Dexter,  a son  of  the  Rev.  Samuel  Dexter,  of  Dedham,  Massa- 
chusetts, was  born  in  that  town,  in  March,  1726.  He  engaged  in  business  as 
a merchant,  and  so  successfully  as  to  he  able  to  retire  when  thirty-five  years 
of  age,  with  a competency  to  his  native  town,  where  he  devoted  much  of  his 
time  to  literary  pursuits.  He  became  a conspicuous  member  of  the  Provin- 
cial Legislature,  and  was  repeatedly  elected  to  the  Council,  and  his  election 
every  time  set  aside  by  Governor  Gage,  by  order  of  the  King.  He  served  in 
the  first  Provincial  Congress,  but  differing  from  his  colleagues  as  to  the  pro- 
priety of  raising  an  army  without  first  making  provision  for  its  maintenance, 
he  retired  altogether  from  public  life,  which  he  did  not  again  engage  in  dur- 
ing the  last  thirty  years  of  his  life.  In  June,  1810,  he  died,  aged  84. 

He  was  much  opposed  in  his  religious  views  to  the  doctrines  of  Calvin, 
which  he  considered  irreconcileable  with  a proper  interpretation  of  the  Bible, 
and  left  a legacy  of  Five  Thousand  Dollars  to  Harvard  University,  “to  promote 
a critical  knowledge  of  the  Holy  Scriptures,”  by  establishing  a lectureship 
upon  that  subject. 

Samuel  Dexter,  Secretary  of  "War  and  of  the  Treasury,  during  the  adminis- 
tration of  President  John  Adams,  was  his  son,  and  Franklin  Dexter,  Esq.,  of 
Boston,  formerly  law-partner  of  Daniel  Webster,  is  his  grandson. 


MASSACHUSETTS  PAPERS. 


23 


wished  for  jour  being  chosen  Agent  before  it  took  Place,  and 
when  jour  choice  was  under  consideration  of  the  House  of 
Representatives,  exerted  mjself  to  promote  it,  in  preference 
to  all  other  Candidates,  so  I have  ever  since  desired  to  enjoj 
a correspondence  with  jou  on  Public  Matters.  With  this  dis- 
position and  these  sentiments,  I shall  make  no  apologj  for 
troubling  jou  at  this  time. 

I have  alreadj  taken  mj  part  with  mj  Brethren  of  the 
House  in  expressing  our  entire  satisfaction  in  the  manner  in 
which  jou  discharged  jour  Trust  with  regard  to  the  late  Stamp 
Act,  in  the  earlj  care  jou  took  of  the  Petitions  from  the  Con- 
gress, and  jour  frequent  solicitations  to  the  Ministrj  and  to  the 
worthj  members  pf  both  Houses  of  Parliament,  in  order  to 
promote  the  happj  Repeal ; as  well  as  jour  exertions  in  Behalf 
of  the  Province  respecting  other  important  matters.  The 
members  in  general  are  verj  sensible  of  jour  merit  and  I hope 
will  be  disposed  to  make  jou  a generous  pecuniarj  Satisfac- 
tion ; which  I shall  on  mj  Part,  not  fail  to  promote.  What 
Allowance  will  be  made  jou  I am  unable  to  determine,  as  the 
Bulk  of  the  people  in  the  Countrj  Towns,  tho’  thej  are  verj 
readj  to  acknowledge  their  obligations  in  Words,  are  not  suf- 
ficientlj  capable  of  judging  of  what  would  be  a proper  Testi- 
monj  of  their  sense  of  the  services  of  their  Agents.  This  is 
not  owing  in  anj  measure  to  ingratitude,  but  being  used  to 
subsist  on  verj  little  themselves,  no  more  than  a suitable  grant 
to  one  thej  emploj,  appears  to  such  poor  Livers  an  exorbitant 
Sum.  However  tho’  I wish  that  jour  important  services  maj 
be  amplj  rewarded,  jet  was  I not  firmlj  persuaded  that  jour 
generous  regard  to  the  Welfare  of  the  Province  and  a consci- 
encious  Disposition  to  do  good  in  the  world,  as  God  shall  give 
jou  opportunitj  for  it,  are  jour  governing  and  prevailing 
Principles  and  that  a Pecuniarj  Reward  is  but  a secondarj 
motive  with  jou,  it  would  tend  in  some  measure  to  abate  that 
high  opinion  I have  formed  of  jour  virtue  and  Goodness. 

When  this  Province  received  the  agreeable  news  of  the  Re- 


24 


MASSACHUSETTS  PAPERS. 


peal  above  mentioned,  their  joy  and  satisfaction  was  beyond  all 
description,  and  though  the  more  religious  sort  of  People,  or 
as  you  in  one  of  your  Letters  call  them,  the  Lord's  faithful  ser- 
vants, among  us,  in  the  first  place  and  before  all  other  things, 
acknowledged  their  obligations  to  Almighty  God,  yet  there  was 
not  a mouth  but  what  was  filled  with  declarations  of  Loyalty 
and  thankfulness  to  the  King,  joined  with  expressions  that 
showed  their  high  sense  they  entertained  of  the  generous  ser- 
vices of  our  worthy  and  patriotic  Friends  in  Parliament  and 
many  others  out  of  doors,  who  had  contributed  all  in  their  power 
towards  the  happy  event.  The  same  sentiments  in  the  House, 
you  have  seen  proofs  of,  by  the  humble  and  grateful  Address 
transmitted  through  your  hands  to  his  Majesty,  and  the  Letters 
of  Thanks  sent  to  a number  of  illustrious  members  of  both 
Houses  of  Parliament — and  it  has  given  the  highest  satisfaction 
to  the  House,  that  several  of  those  worthy  personages  have,  in 
the  most  condescending  and  polite  manner  expressed,  by  letter, 
their  kind  acceptance  of  the  same. 

At  such  a time  as  I have  mentioned,  when  the  Body  of  the 
People  were  in  perfect  good  humor,  had  you  been  here  Sir,  you 
would,  I am  sure,  have  thought  it  the  happiest  j uncture  to  have 
united  all  parties,  reconcile  differences,  occasioned  by  variety 
of  sentiments  with  respect  to  the  Stamp  Act,  and  promoted 
general  love  and  harmony  in  the  Province. 

You  have  heard  a great  deal  from  those  who  disapproved  of 
Governor  Bernard’s  measures  at  the  last  Election ; and  as  no 
doubt,  there  are  some  few  who  approve  of  them,  you  may  have 
heard  his  conduct  at  that  critical  time  justified.  I shall  neither 
censure  nor  justify. — If  I should  do  the  former,  you  might  be 
ready  to  think,  though  therein  you  would  be  greatly  mistaken, 
as  I was  one  of  the  six  whom  his  Excellency  disapproved  of, 
that  being  disappointed  of  a seat  at  the  Council  Board  I am  full 
of  resentment  against  him  on  that  account.  The  latter  I shall 
leave  to  more  able  hands.  Thus  much,  however,  I can  with 
great  sincerity  aver,  that  His  Excellency’s  speeches  to  both 


MASSACHUSETTS  PAPERS. 


25 


Houses  were  much  more  gravaminous  to  me  than  falling  per- 
sonally under  his  disapprobation,  not  only  as  that  did  not  de- 
prive me  of  my  seat  in  the  House  of  Representatives,  but  as 
the  Fate  of  the  Province  was  of  infinitely  great  importance. 
I was  much  terrified  with  the  Apprehension  of  those  speeches’ 
making  impressions,  on  your  side  of  the  water,  to  the  disad- 
vantage of  the  Province.  And  the  more  so,  as  by  a letter  then 
received  from  His  Majesty’s  secretary  of  State,  it  appeared  that 
Governor  Bernard’s  conduct  was  highly  approved  of  by  the 
King,  his  Ministry  and  both  Houses  of  Parliament.  I profess 
myself  a hearty  friend  to,  and  as  far  as  I am  able  a Promoter 
of  Peace  and  Friendship  among  the  several  Branches  of  the 
Legislature.  I have  a sincere  good  will  to  Governor  Bernard, 
and  wish  for  the  Time,  when,  if  he  should  continue  our  Gover- 
nor, the  People  may  get  over  their  Resentment  of  his  conduct, 
be  rid  of  their  jealousies,  and  cordially  love  and  esteem  him; 
And  when  he,  on  his  part,  shall  treat  the  people  with  that  Con- 
descension and  Goodness  as  will  tend  to  conciliate  their  affection 
and  regard.  In  the  mean  time,  I am  bound  in  conscience  to  de- 
clare, that  it  is  not  from  a disposition  to  affront  or  disobey 
Government,  that  they  are  now  so  generally  uneasy  with  his 
administration.  I should  not  do  them  justice,  if  I did  not  say, 
that  they  appear  at  this  day,  as  indeed,  they  always  have,  to  be 
the  most  loyal  people  in  the  world,  and  willing  to  use  a Scrip- 
ture Expression  (which  I know  will  not  be  disagreeable  to  you) 
to  submit  to  every  ordinance  of  man  for  the  Lord's  sake.  You  well 
know  sir,  in  what  sense  this  may  justly  be  said,  even  of  a peo- 
ple ever  jealous  of  their  Liberties,  and  tenacious  of  their  just 
Rights  and  privileges;  as  it  must  be  owned  this  people,  with 
all  their  love  to  their  Prince  and  respect  to  his  August  Parlia- 
ment really  are.  In  this  they  act  from  Conscience,  and  a sense 
of  duty.  Their  aversion  to  a submission  to  the  Stamp  Act 
arose  from  this  principle  with  respect  to  a great  Part  of  this 
Province.  They  thought  themselves  injured,  and  that  they 
should  be  unworthy  of  the  name  of  Descendants  from  the  first 
4 


26 


MASSACHUSETTS  PAPERS. 


Planters  of  this  Country,  if  they  should  by  a quiet  submission, 
give  up  those  Rights  which  their  Progenitors  held  so  dear  and 
sacred. 

Some  expressions  in  your  letter  of  the  19th  of  September 
last  to  the  House,  which  letter  was  published  by  their  order, 
with  a view  to  dispose  the  people  to  be  willing  to  make  com- 
pensation to  the  sufferers  in  the  late  Times  of  confusion,  and 
which  had  a very  good  effect  in  that  particular — I say  those 
expressions  led  many  people  to  expect  that  when  Lord  Shel- 
burne’s letter  to  the  Governor,  which  you  mentioned,  should 
arrive,  it  would  contain  some  explicit  Animadversions  on  his 
conduct.  But  though  there  was  as  some  imagine,  a courtly 
kind  of  reproof  couched  in  one  passage  in  His  Lordship’s  Let- 
ter, yet  by  the  general  drift  of  it,  it  appears  that  those  Repre- 
sentations that  His  Excellency  has  made  of  his  own  behaviour  in 
his  Government  have  confirmed  the  good  opinion  which  His 
Majesty  had  before  formed  of  his  administration.  It  was  pecu- 
liarly distressing  to  the  King’s  loyal  and  loving  subjects  here, 
to  find  such  an  expression  as  this  in  his  Lordship’s  Letter. 
“ His  Majesty  is  extremely  sorry  to  observe  any  degree  of  ill 
temper  still  remaining  in  his  Colony  of  Massachusetts  Bay,” 
and  that  the  delay  of  making  compensation  to  the  sufferers  had 
been  represented  as  occasioned  by  the  prevalency  of  such  a 
temper — or,  as  His  Lordship  expresses  it,  by  the  “ local  Diffi- 
culties,” which,  from  His  Excellency’s  Accounts,  appeared  not 
to  have  been  terminated. 

I cannot  help  observing  to  you,  that  tho’  I imagined  the 
publishing  your  letter  might  have  the  good  consequence  I 
have  already  mentioned,  yet,  as  it  gave  an  account  of  some- 
thing which  escaped  in  conversation  between  His  Majesty’s 
Secretary  of  State  and  yourself,  I could  not  think  it  prudent 
to  print  your  letter.  But  the  House  were  in  general  for  it,  and 
the  Printer  was  directed  accordingly.  I know  not  that  any 
mischief  will  arise  from  it,  to  be  sure  none  was  intended,  or  by 
those  that  voted  for  it,  so  much  as  suspected ; but  I had  this  in 


MASSACHUSETTS  PAPERS. 


27 


my  mind  at  the  time,  that  perhaps  neither  his  Lordship  nor 
yourself  might  choose  to  have  what  passed  at  such  an  inter- 
view, inserted  in  the  Public  Newspapers.  However,  if  the 
House  in  this  matter,  were  guilty  of  an  inadvertency,  there  will 
be  no  danger  of  their  being  incautious  in  time  to  come. 

Before  this  reaches  you,  you  will  have  heard  of  the  full  and 
ample  compensation  made  to  the  sufferers  above  mentioned. 
This  I trust  will  be  agreeable  to  our  generous  and  worthy 
Friends  in  Great  Britain,  who  had  so  fully  declared  their  opin- 
ion, that  we  should  readily  do  it,  if  it  was  recommended  by  His 
Majesty. 

The  matters  on  which  the  House  wrote  you  the  last  Session, 
were  of  the  utmost  importance ; and  your  former  attention  to 
the  Interest  of  the  Province  leaves  no  room  to  doubt  your  as- 
siduity in  time  to  come.  The  embarrassments  on  our  Fishery 
are  very  alarming  to  us,  to  which  Article  I would  entreat  your 
very  particular  Regard. 

Since  the  Disputes  respecting  making  compensation  were 
finished  (which  indeed  were  merely  differences  in  opinion),  and 
grants  have  been  made  to  the  sufferers,  and  they  have  received 
the  same  out  of  the  Treasury,  every  thing  is  quiet  and  no  dis- 
sention  of  a public  nature  exists  among  us,  saving  only  what 
immediately  respects  the  Governor.  Whether  He  and  the 
People  will  ever  be  harmonious  again,  time  must  discover. 

If  when  any  thing,  which  is  likely  much  to  affect  this  Pro- 
vince, turns  up  or  is  thought  likely  to  occur,  whether  agree- 
able or  disagreeable,  you  would  favor  me  with  a line,  it  will  be 
esteemed  a great  kindness ; and  you  may  depend  upon  it,  that 
any  hints  which  you  may  not  choose  should  be  publicly  men- 
tioned, shall  be  properly  improved  and  prudently  concealed. 
I have  only  further  to  request  of  you,  which  considering  your 
great  prudence  is  indeed  unnecessary  that  if  what  I have  now, 
or  may  at  any  time  hereafter  write,  particularly  relating  to  the 
Governor,  be  of  such  a nature  that  you  may  think  proper  to 
speak  of  it  to  any  of  your  friends,  you  would  omit  mentioning 


28 


MASSACHUSETTS  PAPERS. 


my  Name,  as  it  may  be  done  as  well  without.  I am  not  disposed 
to  meddle,  when  I can  well  help  it,  with  the  disputes  between 
His  Excellency  and  the  People.  I could  not  avoid  barely  men- 
tioning them  at  this  time,  as  I thought  it  proper  to  drop  a word 
or  two  to  you,  who  are  so  good  a friend  to  the  Province,  to  ex- 
culpate the  People  here  from  the  heavy  charges  which  his 
Excellency  has  brought  against  them. 

I am  with  great  Eegard 

Sir,  Your  most  humble  servant, 

SAML.  DEXTER. 


Endorsed , 

Dedham,  Samuel  Dexter,  January  6. 
Received  February  28. 

Answered  March  4,  1767. 


LETTER  FROM  A COMMITTEE  OF  THE  MERCHANTS  OF  BOSTON  TO 
[DENNIS  DE  BERDT  ?] 

Boston,  January  17th,  1767. 

Sir: 

The  very  great  regard  you  have  on  all  occasions  shown  to 
the  true  Interest  of  North  America,  and  the  many  instances  of 
your  particular  favor  to  the  Trade  of  this  Province,  have 
encouraged  the  Merchants  of  this  Town,  thro’  us  their  Com- 
mittee, to  forward  you  the  enclosed  Petition,  requesting  that 
you  would  make  use  of  your  influence  in  getting  the  same 
presented  to  the  Hon’ble  the  House  of  Commons,  this  Session 
of  Parliament,  and  as  soon  as  it  can  be  conveniently  done. 

By  the  contents  you’ll  observe  it  is  a Representation  of  the 
difficulties  which  the  Trade  still  labors  under  by  means  of  some 
late  Acts  of  Parliament,  which  we  cannot  but  hope  will  obtain 
the  attention  of  the  Hon’ble  House. 


MASSACHUSETTS  PAPERS. 


29 


"While  these  Acts  were  pending  in  Parliament  and  even  after 
they  had  passed,  we  had  congratulations  from  several  of  our 
Friends  and  Correspondents  in  England,  upon  such  Regulations 
in  Trade  being  obtained  as  it  was  apprehended,  would  tend  to 
the  enlargement  thereof,  but  upon  a due  examination  of  the 
said  Acts,  we  were  greatly  disappointed,  finding  the  Trade  in 
many  respects  rather  embarrassed  than  enlarged,  and  we  appre- 
hended, had  the  Merchants  here  remained  silent  upon  the  occa- 
sion it  would  have  been  naturally  construed  as  being  satisfac- 
tory to  them,  the  contrary  of  which  we  flatter  ourselves  is  fully 
evinced  by  our  Petition.  W e have  laid  our  sentiments  before 
the  House  of  Representatives  here,  and  they,  we  are  informed, 
have  transmitted  to  you,  as  their  Agent,  a full  Representation 
of  these  matters  and  Instructions  thereon. 

But  having  lately  been  informed  that  the  Merchants  of  New 
York  have  forwarded  a Petition  to  the  House  of  Commons, 
We  thought  that  our  seconding  them  in  this  method  would 
facilitate  the  obtaining  Relief;  the  subject  was  therefore  re- 
sumed and  signed  as  you  find  it,  by  most  of  the  principal  Mer- 
chants and  Traders  in  this  Town,  in  which  we  should  have 
been  joined  by  those  of  other  towns,  but  the  extreme  severity 
of  the  weather  for  some  time  past,  has,  in  a great  measure  pre- 
vented a Communication  with  them; — We  will  not  detain  you 
any  longer  than  to  assure  you  that  your  kind  endeavours  to 
serve  us  in  this  affair  will  be  greatly  acknowledged  not  only  by 
us,  but  by  the  Traders  of  the  whole  Province. 

We  salute  you  Respectfully,  and  are  Sir, 

Your  most  humble  Serv’ts., 

JOSEPH  GREEN, 

J.  ROWE, 

JOHN  ERVING,  Jun., 
SAM  HUGHES, 
EDWARD  PAYNE, 
THOMAS  GRAY. 


30 


MASSACHUSETTS  PAPERS. 


In  tiie  House  of  Eepresentatiyes,  Jan.  31,  1767. 

THE  ANSWER  TO  HIS  EXCELLENCY’S  SPEECH  OF  THE  28TH  INSTANT. 

May  it  please  your  Excellency : 

Your  speech  to  both.  Houses  of  the  General  Assembly  at  the 
opening  the  present  Session  has  been  duly  considered  by  the 
House  of  Representatives. 

Your  Excellency  is  pleased  to  recommend  “the  support  of 
the  Authority  of  the  Government,  the  maintenance  of  the 
Honor  of  the  Province,  and  the  Promotion  of  the  Welfare  of 
the  People,  as  the  chief  object  of  our  Consultations.” 

By  the  Authority  of  the  Government,  this  House  understand 
the  Charter  Rights  and  Powers  of  the  Great  and  General  Court 
of  Assembly  of  this  Province,  and  the  several  Branches  of  the 
same ; and  the  Powers  with  which  the  Civil  Officers  of  the  Pro- 
vince are  by  Law  vested.  While  the  members  of  that  Assem- 
bly firmly  maintain  those  Rights  and  Powers,  and  the  body  of 
the  People  steadily  and  vigorously  sustain  and  protect  the  civil 
officers  in  the  Exercise  of  their  respective  Powers,  in  the  full 
execution  of  the  good  Laws  of  the  Province,  and  the  discharge 
of  their  several  trusts,  whether  judiciary  or  ministerial,  we  ap- 
prehend the  Authority  of  the  Government  is  then  supported. 
It  is  necessary  for  the  support  of  this  Authority  that  the  House 
of  Representatives  will  inform  themselves  of  the  true  extent  of 
those  Rights  and  Powers,  and  sacredly  adhere  to  their  own 
Rights  as  one  Branch  of  the  Legislature ; That  they  zealously 
assert  the  Rights  of  their  Constituents,  the  People  of  this  Pro- 
vince, without  transgressing  the  Bounds  of  their  own  Power, 
or  invading  the  Rights  and  Prerogatives  of  the  other  Branches 
of  the  Assembly,  and  that  they  endeavour  that  the  Body  of 
the  People  be  also  well  acquainted  with  their  own  natural  and 
Constitutional  Rights  and  Privileges ; and  the  Liberty,  Safety 


MASSACHUSETTS  PAPERS. 


31 


Peace  and  Happiness  which  they  will  not  fail  to  enjoy,  while 
the  General  Assembly  is  protected  in  the  due  exercise  of  their 
Eights  and  Powers,  and  the  Laws  of  the  Land  have  their  free 
course,  and  are  faithfully  and  impartially  executed.  This,  may 
it  please  your  Excellency,  being  our  own  apprehension  of  the 
Authority  of  the  Government,  and  its  support,  we  shall  always 
greatly  rejoice  to  find  your  Excellency  exciting  and  animating 
us  in  the  Discharge  of  this  important  duty.  As  it  would  be 
unpardonable  in  us  ever  to  lose  sight  of  it,  your  Excellency 
may  be  assured  that  we  shall  always  make  the  support  of  the 
Authority  of  the  Government  one  great  object  of  our  Consulta- 
tions. 

Upon  this  occasion  we  cannot  forbear  to  observe  to  your 
Excellency  with  concern,  that  when  the  two  Houses  were 
directed  to  attend  your  Excellency  in  the  Council  Chamber,  at 
a Time  when  none  but  the  General  Assembly  and  their  Ser- 
vants are  intended  to  be  present,  his  Honor  the  Lieutenant 
Governor*  was  pleased  to  appear  in  General  Assembly,  and 
there  to  continue  ’till  the  House  returned  to  their  Chamber, 
while  your  Excellency  was  not  only  in  the  Province,  but  actu- 
ally in  the  Chair.  We  are  of  opinion  that  this  conduct  is  not 
supportable  by  any  Precedent,  but  should  there  be  found  upon 
searching  ancient  Records,  any  Instance  of  the  kind,  it  is  not 
only  in  itself  an  impropriety,  but  repugnant  to  the  Constitution, 
and  the  Letter  of  the  Chamber ; which  declares  the  Great  and 
General  Court  to  consist  of  the  Governor  and  Council  or  assis- 
tants for  the  time  being,  and  such  Freeholders  of  the  Province 
as  shall  be  from  time  to  time  elected,  or  deputed  by  the  major 
part  of  the  Freeholders  and  other  inhabitants  qualified  by  the 
Royal  Charter  to  give  their  Votes.  If  the  Honorable  Gentle- 
man was  introduced  by  your  Excellency,  we  apprehend  that 
the  happiest  means  of  supporting  the  Authority  of  the  Govern- 
ment, or  maintaining  the  Honor  of  the  Province  were  not  con- 

* Thomas  Hutchinson  was  the  Lieutenant  Governor.  See  the  note  to  his 
letter  of  February  20th,  1767,  post. 


32 


MASSACHUSETTS  PAPERS. 


suited  therein.  But  if  he  came  in  and  took  a seat  of  his  own 
motion,  we  are  constrained  to  say,  that  it  affords  a new  and  ad- 
ditional Instance  of  Ambition  and  a Lust  of  Power  to  what  we 
have  heretofore  observed. 


In  the  House  of  Representatives,  Feb’ry  7,  1767. 

A MESSAGE  FROM  HIS  EXCELLENCY  THE  GOVERNOR. 

Gentlemen  of  the  House  of  Representatives: 

I have  always  understood  that  it  has  been  the  general  usage 
of  this  Government,  countenanced  by  the  Charter,  for  the 
Lieutenant  Governor  when  he  was  not  elected  a Councillor  to 
have  a seat  in  the  Council  without  a voice.  But  since  it  has 
appeared  from  your  answer  to  my  speech  that  you  have 
thought  otherwise,  I gave  orders  in  Council  to  the  Secretary  to 
search  the  Books,  and  to  make  Inquiry  by  other  means,  if 
necessary,  what  has  been  the  usage  of  the  Government  in  this 
respect.  It  appears  from  this  Report  that  every  Lieutenant 
Governor  since  the  opening  the  present  Charter,  has  usually 
and  frequently  when  not  elected  a Councillor  sat  in  Council, 
untill  the  term  of  Governor  Belcher,  who  excluded  the  Lieu- 
tenant Governor  from  a Seat  in  the  Council,  which  he  com- 
plained of  as  a grievance  and  submitted  to  with  Resentment.  I 
hereby  communicate  to  you  a copy  of  the  Report,  that  if  you 
please  you  may  review  this  matter,  and  consider  whether  your 
censure  of  the  Lieutenant  Governor  has  not  been  too  hasty ; as 
it  appears  not  to  be  supported  by  this  instance,  nor  by  any 
other  that  I have  as  yet  been  made  acquainted  with. 

FRA.  BARNARD.* 

Council  Chamber,  February  7,  1767. 

* Francis  Bernard,  after  Raving  been  Governor  of  New  Jersey,  succeeded 
Thomas  Pownall  as  Governor  of  Massachusetts,  in  1760.  During  the  early 


MASSACHUSETTS  PAPERS. 


33 


In  the  House  of  Representatives,  Feb.  7,  1767. 

A MESSAGE  TO  HIS  EXCELLENCY  THE  GOVERNOR. 

May  it  please  jour  Excellency, 

Your  Message  of  the  7th  instant  has  been  very  attentively 
considered  by  the  House  of  Representatives.  In  an  answer  to 
your  Excellency’s  Speech  we  supposed  that  there  might  be 
found  upon  sundry  ancient  Records,  Instances  of  the  like  con- 
duct in  former  Lieutenant  Governors,  to  that  to  which  the 
House  took  Exception.  We  are  humbly  of  opinion  that  the 
conduct  of  his  Honor  the  Lieutenant  Governor  was  not  sup- 
portable by  any  Precedent ; by  which  we  think  we  cannot  be 
understood  to  have  intended  otherwise  than  that  no  Precedents 
can  prevail  in  support  of  any  conduct,  repugnant  to  the  Con- 
stitution and  the  Letter  of  the  Charter. 

Upon  the  most  careful  examination,  we  find  but  two  in- 
stances of  the  kind,  in  all  Respects  similar,  since  the  opening 
of  the  present  Charter;  and  in  order  to  determine  whether 
they  are  supportable  or  even  countenanced  by  it,  we  beg  leave 
to  recite  the  matter  of  our  complaint  as  it  is  expressed  in  our 
answer.  We  took  occasion  to  say  that  we  would  not  forbear 
to  observe  with  concern  that  when  the  two  Houses  were  di- 
rected to  attend  your  Excellency  in  the  Council  Chamber,  at  a 
Time  when  none  but  the  General  Assembly  and  their  servants 
are  intended  to  be  present,  his  Honor  the  Lieutenant  Governor 
was  pleased  to  appear  in  General  Assembly,  and  there  to  con- 
tinue, till  the  House  returned  to  their  own  Chamber,  while 

years  of  Ms  administration  lie  enjoyed  considerable  popularity,  but  this 
was  destroyed  in  the  troubled  times  which  followed,  during  which  he  was 
devoted  to  the  British  ministry.  The  Legislature  petitioned  for  his  removal 
and  obtained  it.  He  left  Massachusetts  in  August,  1769,  and  died  in  England, 
in  June,  1779. 

5 


34 


MASSACHUSETTS  PAPERS. 


your  Excellency  was  not  only  in  the  Province,  but  actually  in 
the  Chair.  And,  that  we  were  of  opinion  that  this  conduct 
was  not  supportable  by  any  Precedent;  but  should  there  be 
found,  upon  searching  ancient  Records,  any  Instance  of  the 
kind,  it  was  not  only  an  Impropriety  in  itself,  but  repugnant 
to  the  Constitution,  and  the  Letter  of  the  Charter. 

We  find  that  in  June,  1702,  Lieutenant  Governor  Povey 
made  his  appearance  at  the  Board,  and  afterwards  in  November, 
1716,  Lieutenant  Governor  Dummer  did  the  same,  each  of  them 
at  a time  when  the  Commander-in-Chief  directed  the  attend- 
ance of  the  two  Houses  in  the  Council  Chamber,  while  he  de- 
livered a speech  to  the  General  Assembly,  and  neither  of  them 
being  at  those  several  Times  elected  as  Counsellors.  These  two 
instances,  it  is  acknowledged  are  directly  in  Point ; but  we  still 
are  of  opinion  that  they  are  in  no  degree  countenanced  by  the 
Charter,  but  evidently  repugnant  to  it.  We  observed  to  your 
Excellency  that  by  the  Charter,  the  General  Assembly  is  ex- 
pressly declared  to  consist  of  the  Governor,  the  Council,  or 
Assistants,  for  the  time  being,  and  such  freeholders  of  the 
Province  as  shall  be  from  time  to  time  elected  or  deputed  by 
the  Major  Part  of  the  Freeholders  and  other  Inhabitants  quali- 
fied to  give  their  Votes.  AVe  cannot  conceive,  how  the  Charter 
can  countenance  the  Lieutenant  Governor,  as  such,  in  taking  a 
Seat  or  Place,  as  a Member  of  the  General  Assembly,  unless 
we  could  suppose  something  contained  in  it,  so  absurd  and 
contrary  to  self  evident  Propositions,  as  that  all  the  Parts  are 
not  equal  to  the  whole.  As  the  plain  design  of  the  Charter  is 
definitely  to  declare  who  are  members  of  the  General  Assem- 
bly, it  plainly  excluded  every  person  not  expressly  mentioned 
in  it;  And  as  the  Lieutenant  Governor  is  not  one  of  the  Per- 
sons mentioned  in  the  Charter,  he  must  therefore,  most  mani- 
festly be  not  included  in  it.  It  is  impossible  that  he  should  be 
Commander  in  Chief,  in  the  Presence  of  the  Governor,  without 
contradicting  that  first  Principle  in  the  Presence  of  the  Superior 
the  Authority  of  the  Inferior  ceases.  Neither  can  he  as  Lieuten- 


MASSACHUSETTS  PAPERS. 


35 


ant  Governor  have  any  right  to  the  Place  of  a Counsellor,  un- 
less chosen  hv  the  General  Assembly,  or  the  right  to  a Place 
of  a Representative,  unless  deputed  by  the  People,  in  the  man- 
ner and  form  expressed  in  the  Charter;  Neither  of  these  is  the 
present  case ; and  how  he  can  have  an}7  Place  in  the  General 
Assembly  as  Governor,  or  Counsellor,  or  Representative,  we 
are  utterly  at  a loss  to  conceive. 

The  Report  of  the  Secretary,  which  accompanies  your  Ex- 
cellency’s Message,  and  to  which  you  are  pleased  to  refer  us, 
cites  those’ several  passages  in  the  Charter,  where  every  Person 
elected  a Representative  before  he  sits  or  acts,  is  required  to 
take  the  Oaths,  &c.,  before  the  Governor  or  Lieutenant  or 
Deputy  Governor,  or  any  two  of  the  Assistants,  who  shall  be 
thereunto  authorized  or  appointed  by  the  Governor.  And 
where  the  Governor,  and  Lieutenant  or  Deputy  Governor  are 
required  before  they  undertake  the  execution  of  their  Offices, 
to  take  their  respective  Oaths,  &c.,  the  Governor  before  the 
Lieutenant  or  Deputy  Governor,  and  then  he  before  the  Gover- 
nor. But  to  what  purpose  these  passages  are  cited  and  referred 
to,  we  must  beg  your  Excellency  to  explain  to  us.  With  Re- 
gard to  the  first  we  apprehend  that  the  Oaths,  are  to  be  taken 
before  the  Lieutenant  Governor,  only  in  the  absence  of  the 
Governor,  and  in  such  case,  he  has  the  Power  of  authorizing 
and  appointing  two  Assistants,  if  he  thinks  proper.  This  we 
take  to  be  the  plain  and  obvious  meaning  of  the  words  of  the 
Charter,  and  such  a construction  is  fully  justified  by  the  clause 
which  limits  the  Exercise  of  the  Powers  of  the  Lieutenant  or 
Deputy  Governor  to  a certain  Time,  viz : When  the  Governor 
shall  be  absent  from  the  Province.  And  the  other  passage,  by 
which  he  is  empowered,  upon  the  appointment  of  a Governor, 
to  administer  the  Oaths  to  him,  does  not  in  the  least  serve  to 
show  a Right  or  even  a pretence  to  a seat  in  the  General  As- 
sembly. It  may  as  fairly  be  argued,  as  we  humbly  conceive 
from  any  other  clause  in  the  Charter. 

We  are  sensible,  may  it  please  your  Excellency , that  in  early 


36 


MASSACHUSETTS  PAPERS. 


Times  there  were  instances  of  the  Lieutenant  Governor,  mak- 
ing an  appearance  and  taking  a seat  at  the  Board,  when  the 
Council  were  in  their  separate  Chambers,  as  a Branch  of  Legis- 
lature ; and  at  other  times  when  they  were  acting  in  their  exe- 
cutive capacity  only : But  the  usage  appears  to  us,  to  be  [not] 
only  repugnant  to  the  Charter,  but  to  common  Principles,  for  to 
say  that  any  person  has  a right  to  a seat  in  Council,  who  is  not  a 
member  of  it,  is  an  absolute  solecism.  In  this  light  Governor 
Belcher  seems  to  have  viewed  it,  in  the  Instances  of  Colonel 
Taylor,  and  Colonel  Phipps ; and  however  it  may  be  said  that 
these  Gentlemen  complained  of  it  as  a grievance,  and  submitted 
to  it  with  Resentment,  it  is  the  opinion  of  this  House,  that  Go- 
vernor Belcher  in  excluding  them  from  a seat  in  the  Council  in 
his  Presence,  when  they  were  not  elected  as  Counsellors,  dis- 
covered a due  regard  to  the  Royal  Charter  and  the  Rights  of 
the  General  Assembly,  as  well  as  a just  sense  of  his  own  Honor, 
as  commissioned  by  his  Majesty  to  be  Commander  in  Chief  in 
the  Province.  As  there  has  been  no  Instance  of  such  a con- 
duct, as  we  complain  of  in  our  Answer,  since  Lieutenant  Go- 
vernor Dummer’s  Time,  in  1716,  and  but  one  Instance  of  the 
kind  before ; it  appears  to  us  unaccountable,  that  the  Lieuten- 
ant Governor  should  think  proper,  at  this  Time,  to  take  a step 
altogether  unwarranted  by  the  Constitution,  and  countenanced 
by  two  Precedents  only.  And  altho’  it  appears  by  Mr.  Secre- 
tary’s Report,  that  there  have  been  instances,  in  former  times, 
of  the  Lieutenant  Governor’s  setting  at  the  Board,  while  the 
Governor  was  present,  it  must  have  been,  as  Ave  conceive,  for 
want  of  attention  to  the  Charter.  When  Governor  Belcher 
excluded  Colonel  Taylor,  in  1730;  and  held  to  Colonel  Phipps 
afterwards,  and  denied  the  Right  of  a Lieutenant  Governor  to 
sit  in  Council,  it  must  have  been  a matter  of  publick  notoriety. 
It  is  improvable  that  it  should  be  otherwise.  We  do  not  find 
that  either  of  those  Gentlemen  contended  that  they  had  the 
Right,  which  it  is  more  than  probable  they  Avould  have  done,  if 
they  had  not  been  fully  convinced,  that  they  had  not  the  Right: 


MASSACHUSETTS  PAPERS. 


37 


By  their  Resentment  of  Governor  Belcher’s  excluding  them,  it 
is  to  be  presumed  that  they  would  have  supported  their  claim, 
if  it  had  been  supportable  ; and  their  submitting  is  an  evidence 
that  it  could  not  be  supported.  If  they  had  the  Right  it  was 
not  in  the  Power  of  Governor  Belcher  to  exclude  them ; and 
from  the  character  which  those  gentlemen  sustained,  we  are 
persuaded,  they  would  never  have  relinquished  a seat  to  which 
they  thought  they  had  a j ust  pretension  merely  in  complaisance 
to  the  Governor.  But  could  we  even  admit  of  such  a supposi- 
tion, Colonel  Phipps  might  have  renewed  his  claim,  and  doubt- 
less would,  if  he  thought  he  could  have  supported  it.  In  the 
next  administration  Governor  Shirley,  who  succeeded  Go- 
vernor Belcher  was  a Gentleman  well  skilled  in  the  Law  and 
the  Constitution,  and  would  have  acceded  to  his  claim,  and 
even  invited  him  to  his  seat,  if  he  had  thought  it  just:  But  he 
saw  Colonel  Phipps,  through  the  whole  of  his  administration, 
which  continued  sixteen  years,  refusing  on  this  very  account, 
to  make  his  appearance  on  any  publick  occasion,  without  inti- 
mating, as  your  Excellency  has  now  done,  that  his  Right  to  a 
Seat  was  Countenanced  by  Charter.  Prom  all  which  we  must 
conclude  that  from  the  time  of  Governor  Belcher’s  arrival, 
which  is  thirty  seven  years,  it  has  been  judged  to  be  unconsti- 
tutional for  the  Lieutenant  Governor  to  appear  and  take  a 
Place  at  the  Board,  while  the  Governor  is  not  only  in  the  Pro- 
vince, but,  actually  in  the  chair : And  we  cannot  suppose  that 
a Gentleman  thoroughly  versed  in  all  the  public  transactions  of 
this  Province  as  his  Honor  the  present  Lieutenant  Governor 
could  have  been  ignorant  of  it.  As  therefore  we  are  not  yet 
informed,  whether  he  was  introduced  by  your  Excellency,  or 
came  in  and  took  a seat  of  his  own  motion,  we  cannot  see 
reason  to  admit  that  our  remarks  upon  it  have  been  too  hasty. 


38 


MASSACHUSETTS  PAPERS. 


In  the  House  of  Representatives,  February  10th,  1769. 

CONSIDERATION  OF  HIS  EXCELLENCY’S  MESSAGE. 

The  House  according  to  order  took  into  consideration  his 
Excellency’s  Message  of  the  7th  instant,  and  after  a Debate, 
Resolved,  As  the  opinion  of  the  House,  That  the  Lieutenant 
Governor  not  being  elected  a Councillor,  has  not  a right  to  a 
seat  at  the  Council  Board,  with  or  without  a voice  while  the 
Commander-in-Chief  is  in  the  Province. 


A LETTER  FROM  HIS  HONOR  THE  LIEUTENANT  GOVERNOR*  TO  HIS 
EXCELLENCY  THE  GOVERNOR. 

Boston,  20tli  Feb’ry,  1767. 

I waited  upon  your  Excellency  to  Council  the  first  day  of 
the  Session  of  the  General  Court  to  testify  my  Respect  to  your 
Person,  and  to  do  Honor  to  the  Commission  you  sustain,  I had 
frequently  been  present  in  Council  since  the  last  Election,  and 
not  one  member  of  either  House  ever  intimated  to  me  that  he 

* Thomas  Hutchinson  was  horn  in  Massachusetts  in  the  year  1711,  being  a 
descendant  of  the  celebrated  Ann  Hutchinson.  At  the  age  of  sixteen  he 
graduated  at  Harvard  College,  became  a merchant,  and  failed,  then  studied 
law ; was  a member  of  the  Massachusetts  House  of  Representatives  for  thir- 
teen years,  during  three  of  which  he  was  speaker.  He  was  Lieutenant  Go- 
vernor from  1758  to  1771,  and  in  1760  was  appointed  Chief  Justice  of  the  Pro- 
vince. After  Governor  Bernard’s  departure  in  1769,  he  administered  the 
government  and  was  appointed  Governor  by  the  crown,  a post  which  he  filled 
until  the  destruction  of  the  tea  in  Boston  Harbour,  after  which  General  Gage 
was  appointed  in  his  stead.  He  died  in  England  in  1780.  He  wrote  a His- 
tory of  Massachusetts,  from  1628  to  1774,  published  in  three  volumes. 


MASSACHUSETTS  PAPERS. 


39 


was  in  the  least  degree  dissatisfied  with.  it.  I suppose  that 
there  were  several  Parts  of  the  Charter  which  gave  counte- 
nance to  it,  and  that  there  was  no  part  which  rendered  it  impro- 
per. I know  that  immediately  upon  the  arrival  of  the  Charter, 
it  was  the  sense  of  the  General  Court  that  the  Lieutenant  Go- 
vernor had  a right  to  he  present  in  Council.  I thought  that  a 
contemporaneous  Exposition,  especially  when  the  Persons  who 
solicited  the  Charter  in  England,  and  who  were  consulted  in 
the  framing  every  part  of  it  were  then  in  the  Province,  together 
with  an  uninterrupted  Practice  for  forty  years  immediately 
upon  it,  were  sufficient  to  justify  me.  I was  not  insensible  that 
one,  and  but  one  Lieutenant  Governor,  my  immediate  Prede- 
cessor, had  not  sat  in  Council,  and  I had  heard  that  the  Gentle- 
man who  was  then  Governor  excluded  him,  but  I heard,  at  the 
same  time,  that  this  was  looked  upon  as  a mere  act  of  Power, 
admitting  or  excluding  a Lieutenant  Governor  whensoever  the 
Governor  thought  proper,  and  I did  not  imagine  that  the  Act 
or  Opinion  of  a single  Governor  would  ever  be  urged  against 
the  opinion  and  Practice  of  the  whole  General  Court,  during 
the  Administration  of  five  preceding  Governors.  Your  Excel- 
lency had  never  signified  to  me  that  my  Presence  in  Council 
was  disagreeable  to  you. 

I am  extremely  concerned  that  any  thing  which  relates  to 
me  should  occasion  a Difference  in  Sentiments  between  your 
Excellency  and  the  House  of  Representatives,  at  a time  when 
every  man  of  every  order  ought  to  contribute  all  that  is  in  his 
power  to  the  Restoration  of  Harmony  and  Tranquility,  and 
notwithstanding  it  is  very  grievous  to  me,  that  so  Respectable 
a Body  have  passed  so  heavy  a judgment  upon  my  conduct, 
without  giving  me  an  opportunity  of  justifying  or  excusing  it, 
I shall  endeavour  to  be  patient  under  my  misfortune,  and  I 
will  avoid  all  further  occasion  of  further  controversy  with  the 
present  House  of  Representatives  by  wholly  absenting  myself 
from  the  Council  Chamber,  unless  your  Excellency  shall  give 
direction  for  my  attendance  there  for  any  special  purpose. 


40 


MASSACHUSETTS  PAPERS. 


I am  obliged  to  your  Excellency  for  your  Concern  to  vindi- 
cate my  character.  I hope  enough  has  been  already  done  for 
that  purpose;  but  if  not,  I had  rather  wait  some  future  oppor- 
tunity of  doing  it,  than  be  the  means  of  continuing  the  least 
Dispute  in  the  General  Court,  presuming  that  this  my  Act  will 
never  be  improved  to  the  prejudice  of  the  future  claim  of  the 
Lieutenant  Governor,  much  less  to  the  prejudice  of  the  Right 
of  the  Governor  or  of  the  Council  to  admit  a Lieutenant 
Governor  to  be  present  at  the  Board  when  they  shall  judge  it 
proper. 

I am  with  Great  Respect, 

Your  Excellency’s  most  obedient  Servant, 

THO.  HUTCHINSON. 


LETTER  FROM  THOMAS  CUSHING,  SPEAKER,  TO  DENNIS  DE  BERDT. 

Boston,  19  March,  1767. 

The  House  of  Representatives  wrote  you  some  time  since 
concerning  the  very  extraordinary  manner  in  which  Governor 
Palliser,  and  the  officers  under  his  immediate  command  had 
treated  our  Fishermen,  and  at  the  same  time  inclosed  you 
sundry  Depositions  relative  thereto.  We  are  very  sorry  to 
find  ourselves  under  the  disagreeable  necessity  of  making  fur- 
ther complaints  with  respect  to  the  conduct  of  that  Gentleman. 
You  will  observe  by  the  inclosed  Proclamation  transmitted 
from  him  to  His  Excellency  Governor  Bernard,  and  by  him 
printed  and  dispersed  here,  that  he  charges  our  Fishermen  with 
having  perpetrated  the  most  horrid  crimes  imaginable,  such  as 
Murder,  Robbery,  Theft,  &c.,  to  the  endangering  of,  not  only 
the  British  Cod  Fishery,  but  likewise  the  present  harmony 
subsisting  between  the  English  and  the  Northern  Tribes  of 
Indians:  These  are  crimes  reproachful  to  Human  Nature,  and 


MASSACHUSETTS  PAPERS. 


41 


such  as  the  People  of  this  Province  by  no  means  deserve  to  be 
charged  with ; for  after  the  most  diligent  Inquiry  into  the  mat- 
ter of  Gentlemen  of  the  most  undoubted  veracity,  who  have 
spent  whole  Summers  upon  that  Coast,  we  can’t  find  any  one 
Fact  that  could  possibly  give  colour  to  such  a charge;  nor  has 
Mr.  Palliser  himself  furnished  Governor  Barnard  with  any  one 
instance  whereon  to  build  this  his  most  Injurious  Representa- 
tion. 

We  are  the  more  alarmed  at  this  Gentleman’s  most  extra- 
ordinary conduct,  inasmuch  as,  it  seems,  he  is  a good  deal 
attended  to  by  the  Ministry,  and  his  representations  have 
already  made  some  very  dangerous  impressions  Avith  respect  to 
the  American  Trades,  and  more  especially  that  important  and 
interesting  Branch  the  Cod  Fishery.  We  are  informed  it  was 
in  consequence  of  some  suggestions  made  by  him  that  the 
Commissioners  of  his  Majesty’s  Customs  have  lately  issued 
some  new  and  extraordinary  orders  relative  to  the  Regulations 
of  the  vessels  employed  in  our  Cod  Fishery,  which  if  attended 
to  literally  must  soon  have  put  an  End  to  that  most  important 
Branch  of  our  Business : These  regulations  and  orders  conse- 
quent npon  them,  were  transmitted  to  the  Collector  of  the  Port 
of  Salem  (the  Port  to  which  belongs  the  principal  part  of  our 
Cod  Fishery),  requiring  him  to  oblige  them  to  go  through  the 
same  Formalities  of  Assize  as  are  required  from  trading  ves- 
sels in  general,  the  Surveyor  General  of  his  Majesty’s  Customs 
of  this  District  has,  from  the  necessity  of  the  thing  directed  the 
aforementioned  Collector  to  Act  under  such  a limited  construc- 
tion of  those  orders  as  affords  some  temporary  Respite  from 
the  evils  which  must  arise  from  a conformity  to  the  strict  letter 
of  them : The  Surveyor  General  has  represented  this  matter  in 
a light  favorable  to  the  Interest  of  the  Province,  to  the  Com- 
missioners of  the  Customs ; at  which  office  you  may  find  his 
statement  of  Facts  and  Reasoning  upon  the  subject. 

The  House  desire  you  would  use  your  utmost  endeavours  to 
get  the  aforementioned  order  either  reversed,  or  so  qualified  as 
6 


42 


MASSACHUSETTS  PAPERS. 


to  prevent  those  inconveniences,  which  must  be  the  necessary 
Consequences  of  them,  if  extended  to  the  length  above  men- 
tioned. You  will  likewise  take  every  other  prudential  step 
which  may  have  a tendency  towards  removing  any  ill  impres- 
sions which  may  have  been  made,  or  guarding  against  any 
measures  that  may  be  in  danger  of  taking  place  in  consequence 
of  the  partial  representations  which  Mr.  Palliser  has  already 
made,  or  may  hereafter  make  with  respect  to  either  the  Inhabi- 
tants of  this  Province  or  its  Commerce. 

We  are  informed  there  have  been  several  Eemonstrances 
sent  Home  from  America  against  Mr.  Palliser’s  Conduct,  par- 
ticularly from  Canada.  You  may  probably  be  better  able  to 
effect  any  measures  you  may  think  necessary  to  undertake  by 
concerting  means  and  co-operating  with  the  gentlemen  who 
have  the  conducting  of  those  matters. 

In  the  name  and  behalf  of  the  House 
of  Representatives, 

I am  y.  Humble  Serv’t, 

THOS.  CUSHING,  Speaker. 

Dennis  De  Berdt. 


LETTER  FROM  A COMMITTEE  OF  THE  MERCHANTS  OF  BOSTON  TO 
DENNIS  DE  BERDT. 


Boston,  July  28,  1767. 

Sir: 

We  received  your  several  favors  of  the  9th  and  4th  of 
March,  and  duly  observe  what  you  say  relating  to  our  Concerns 
in  which  you  have  so  kindly  engaged.  We  are  greatly  obliged 
to  you  for  the  trouble  you  have  taken  in  the  Article  of  the 
Fishery,  and  hope  we  shall  feel  the  good  effects  of  it  this  year. 
As  you  must,  from  your  situation,  know  better  than  we 


MASSACHUSETTS  PAPERS. 


43 


what  conjunctures  are  favorable  and  what  are  not  so,  we  leave 
it  to  you,  as  the  best  judge,  when  and  how  far  to  push  any 
affairs  in  which  we  are  concerned ; and  therefore  acquiesce  in 
your  deferring  the  delivery  of  our  Petition,  for  the  reasons 
given. 

It  gives  us  great  concern  to  find  that  mistakes  and  misrepre- 
sentations have  raised  us  so  many  and  so  powerful  enemies  on 
your  side  the  water.  But  as  it  is  so,  we  are  the  more  sensible 
of  our  obligations  to  the  Noble  Lord  you  mention,  and  others 
who  appear  in  our  favour,  when  we  stand  in  so  much  need  of 
them. 

As  we  are  convinced  of  your  disposition  and  ability  to  serve 
us,  we  flatter  ourselves  you  will  still  continue  to  be  our  Advo- 
cate as  occasion  may  offer,  especially  as  we  shall  desire  nothing 
that  is  unreasonable  in  itself  or  in  any  manner  detrimental  to 
the  Interest  of  Great  Britain.  In  the  meantime  permit  us,  Sir, 
to  assure  you  that  we  feel  the  warmest  sentiments  of  gratitude 
for  your  generous  and  disinterested  Friendship  to  us,  and  for 
the  services  you  have  done,  and  endeavoured  to  do,  to  this 
Province.  We  are  with  the  greatest  Respect, 

Sir, 

Your  obliged  and 

Most  obed’t  hum.  Serv’ts, 

EDWARD  LAYNE, 

THOMAS  GRAY, 

JOS.  GREEN, 

JOHN  ROWE, 

JOHN  ERYING,  Jun., 

SAM’L  HUGHES. 

Committee  of  the  Merchants  in  Boston. 


Dennys  De-Berdt,  Esq’er. 


44 


MASSACHUSETTS  PAPERS. 


MEMORIAL  FROM  DENNIS  DE  BERDT  TO  THE  EARL  OF  SHELBURNE.* 

To  the  Right  hon’ble  Lord  Shelburne,  one  of  his  Majesty’s 

Principal  Secretaries  of  State,  the  Memorial  of  Dennis  De 

Berdt,  Agent  for  the  House  of  Representatives  of  Massachu- 
setts Bay, 

Humbly  Showeth, 

That  the  said  Colony  duly  observes  and  are  thankful  for,  the 
great  tenderness  and  concern  the  present  and  late  Ministry 
have  discovered  for  the  Interest  of  that  Colony  and  the  Ample 
testimony  they  have  given  of  their  readiness  to  relieve  them  of 
every  Burden  relating  to  their  Commercial  Interest,  induces 
them  to  make  the  following  Representations  of  the  Embarrass- 
ments which  at  present  attend  their  Trade. 

Your  Mem’ist  humbly  begs  leave  to  represent  to  your  Lord- 
ships  several  things  contained  in  his  Instructions;  the  Restric- 
tions of  the  Trade  to  the  Sugar  Islands  and  the  heavy  duty 
Imposed  on  Foreign  Sugars  will  destroy  our  Navigation  and 
Fishery  and  will  prevent  any  but  the  finest  sorts  being  Im- 
ported into  America,  and  thereby  give  the  french  the  advan- 
tage of  Manufacturing  them. 

The  deeming  all  sugars  imported  from  the  Continent  french 
prevents  a valuable  return  to  Gr.  B.  for  her  Manufactures. 

The  great  care  of  the  officers  in  America  in  Loading  Vessels 
there  makes  it  needless  for  those  vessels  to  call  and  unload  at 
G.  B.  occasions  so  large  an  expence,  as  entirely  to  destroy  that 
Trade. 

The  multiplicity  of  Bonds  occasions  an  expense  equal  to  the 
first  cost  of  the  Lumber  and  some  of  them  are  twelve  months 
before  they  are  cancelled. 

* William,  the  second  Earl  of  Shelburne,  afterwards  (in  1782)  Prime  Min- 
ister of  England,  and  in  1784  created  Earl  of  Weymouth  and  Marquess  of 
Landsdowne.  He  died  in  May,  1805. 


MASSACHUSETTS  PAPERS. 


45 


Another  Grievance  is  the  unlimited  power  of  the  officer  to 
carry  the  vessel  he  seizes  into  what  Port  he  pleases  in  the  Con- 
tinent, and  after  miscarrying  in  a tedious  process  is  liable  to  no 
cost. 

Your  Memorialist’s  Constituents  further  observe  that  in 
those  Ports  where  a regular  Custom  House  is  settled  the  Naval 
Officer  may  be  removed. 

Another  difficulty  is  on  their  Trade  to  Spain  and  Portugal 
by  the  Ships  from  thence  being  obliged  to  stop  in  England,  by 
which  fruit  and  other  perishable  comodities  are  liable  to  be 
spoiled,  by  the  length  of  the  voyage. 

But  the  grand  matter  of  Complaint  is  the  Restraint  laid  on 
their  Fishery,  no  American  being  suffered  to  take  Cod  in  the 
Straits  of  Belisle,  or  on  Labrador  shore,  and  thereby  rendering 
our  new  watery  acquisitions  entirely  useless,  and  the  Restraint 
itself  be  attended  with  a very  large  expence,  and  instead  of 
endeavoring  to  make  the  most  of  that  extensive  Fishery,  it  is 
become  a scene  of  Violence  between  the  Europeans  and  Ame- 
ricans— the  interruption  of  the  Fishery  is  weakening  our  Naval 
Power  and  depriving  the  Americans  of  the  most  valuable 
source  for  taking  of  and  paying  for  the  Manufactures  of  G.  B. 

Your  Memorialist  takes  the  liberty  to  lay  before  your  Lord- 
ship  a few  Sentiments  relating  to  the  Fishery,  that  inexhaust- 
able  fund  of  Riches  and  power  to  G.  B.  this  valuable  Treasure 
may  be  viewed  in  a two  fold  light,  as  a Nursery  for  Seamen 
and  as  occasioning  a Consumption  and  affording  means  to  pay 
for  our  Manufactures. 

The  Fishery  carried  on  from  G.  B.  to  America  may  produce 
a Number  of  Seamen  for  the  speedy  manning  a fleet,  the  N. 
E.  fishery  in  the  Straits  of  Belisle  is  absolutely  necessary  for 
furnishing  Sailors  either  for  the  recruit  of  the  cruize  or  acting 
offencively  in  America,  as  its  remarkably  evident  they  did 
when  the  forces  of  America  without  any  assistance  from  Home 
took  the  Strong  Fortifications  of  Cape  Breton,  and  therefore 
they  are  as  really  necessary  as  the  European  Supplies. 


46 


MASSACHUSETTS  PAPERS. 


The  other  view  of  the  Fishery  is  its  being  a source  of  Riches, 
nay,  an  inexhaustable  source,  exceeding  the  Mines  of  Mexico 
and  Peru,  to  lay  auy  restraint  upon  it  in  this  view,  is  diminish- 
ing the  National  Treasures,  stinting  the  growth  of  the  Colonies 
and  the  greatest  disadvantage  to  the  Manufacturers  of  G.  B. 
Restraints  that  are  laid  upon  it  are  of  that  nature  that  your 
Memorialist  apprehends  they  will  not  be  fully  removed,  but  by 
an  Act  of  Parliament  to  explain  that  of  William  3rd.  and  give 
free  Liberty  to  all  the  British  subjects  to  Improve  the  Fishery 
to  the  utmost,  which  greatly  strengthens  our  Naval  Power. 

Your  Memorialist’s  Constituents,  have  such  an  Opinion  of 
the  Justice  and  Wisdom  of  the  present  Administration  that 
they  doubt  not  it  will  appear  reasonable  to  them  and  that  as 
soon  as  these  grievances  are  made  known  they  will  be  re- 
dressed. 


MEMORIAL  FROM  DENNIS  DE  BERDT  TO  THE  EARL  OF  SHELBURNE, 

1767. 

My  Lord  : 

It  is  now  received  as  an  undoubted  proposition,  that  the 
strength,  riches,  and  Influence  of  Great  Britain  depend  upon 
Commerce.  Whatever,  therefore,  diminishes  our  Commerce 
must  Impoverish  and  weaken  our  National  Influences. 

Our  Commerce  has  been  greatly  curtailed  in  most  parts  of 
Europe  and  we  have  therefore  only  our  connexion  with  Ame- 
rica to  trust  to,  as  the  source  of  our  Strength,  Riches,  and 
Felicity. 

Every  thing  therefore  that  Interrupts  and  weakens  the 
mutual  confidence  which  has  been  remarkable  for  a hundred 
years  past,  between  Great  Britain  and  her  Colonies,  must 
enfeeble  the  strength  and  diminish  the  riches  of  the  Mother 
Country. 


MASSACHUSETTS  PAPERS. 


47 


The  advantage  to  be  drawn  from  our  American  Colonies 
must  arise,  not  from  Taxes  of  any  kind,  but  from  extending 
our  Trade — whatever  measures  Straitens  and  cramps  our 
Trade,  can  never  be  compensated  by  any  Taxation,  nor  any- 
thing be  an  equivalent  for  the  decay  of  that  mutual  Harmony 
and  friendly  intercourse,  which  are  the  necessary  cement  of  our 
Trade  with  them. 

So  deep  a Scar  was  made  by  the  late  Stamp  Act  as  is  not 
hardly  healed,  making  any  fresh  wounds,  in  our  Commerce,  if 
persisted  in,  must  unavoidably  occasion  painful  sensations,  not 
only  in  America,  but  in  Great  Britain,  and  be  felt  not  merely 
by  the  Merchants  but  by  every  Manufacturer  with  whom  they 
are  connected  and  no  one  corner  of  the  Kingdom  will  escape 
the  baneful  influence. 

To  put  any  difficulties  on  the  American  Trade,  will  inevita- 
bly diminish  our  exports  to  that  Country,  from  their  inability 
to  pay  the  Merchants  for  the  Manufactures  imported  by  them, 
which  inability  will  be  the  same  whether  the  people  in  Ame- 
rica resolve  to  take  goods  or  not. 

The  Governor  and  Judges  being  independent  of  the  people 
which  must  render  the  course  of  Justice  precarious,  will  be  a 
further  discouragement  to  Trade,  and  will  raise  fresh  in  the 
minds  of  the  Americans  the  evils  that  attended  such  a measure 
when  their  forefathers  left  their  native  Country. 

When  the  Merchants  dare  no  longer  venture  their  substance 
on  such  uncertainties,  the  Americans  will  be  under  the  neces- 
sity of  using  their  own  Manufactures,  tho’  contrary  to  their 
present  taste  and  inclination,  to  prevent  them  pursuing  this 
only  resource  and  remedy,  must  be  the  most  manifest  Injustice 
and  as  absurd  as  to  make  a Law  to  oblige  them  to  go  naked. 

The  only  method  to  secure  our  mutual  Interests  and  effec- 
tually prevent  the  Americans  thinking  seriously  of  Manufac- 
turing must  be  to  encourage  cultivating  their  lands  and  ex- 
tending their  Commerce,  and  thereby  enabling  them  to  pay  for 
the  various  Merchandise  of  Great  Britain,  which  at  present  lie 


48 


MASSACHUSETTS  PAPERS. 


on  hand  for  want  of  a market  and  will  leave  thousands  of  our 
poor  unemployed  and  ripe  for  Tumult  and  confusion. 

I submit  to  your  Lordship’s  Superior  judgment  if  any  sum 
of  money  raised  by  taxes,  can  compensate  the  evils  which 
must  inevitably  follow,  discouraging  a Trade  to  the  amount  of 
two  Millions  a year  and  which  employs  a hundred  thousand 
hands  who  are  already  in  the  greatest  distress  thro’  the  dear- 
ness of  provisions,  and  whose  distresses  before  the  Winter  is 
out  may  make  them  desperate,  as  well  as  losing  the  confi- 
dence and  esteem  of  two  millions  of  the  most  loyal  Subjects  in 
his  Majesty’s  Dominions,  whose  Affection  for  their  Mother 
Country  is  Strong  and  Natural. 

I am 

Your  Lordship’s 

Dutiful  and  Obedient  Servant. 


EXTRACT  OP  A LETTER  FROM  GOV’R  BERNARD  TO  THE  EARL  OP 
SHELBURNE,  DATED  BOSTON  3d.  JAN.  1768. 

I received  Your  Lordship’s  Letter  N.  11,  by  the  November 
Mail,  which  arrived  here  this  day  Sennight ; the  October  Mail 
which  has  other  letters  of  your  Lordship  for  me  is  not  arrived 
here,  tho’  by  the  accounts  we  have  it  is  daily  expected ; I have 
therefore  at  present  only  to  say  that  I shall  regard  the  letter 
now  received  rather  for  my  own  Instruction  than  a direction  to 
others.  The  time  is  not  yet  come  when  the  House  is  to  be 
moved  against  popular  printers  however  profligate  and  flagi- 
tious. But  if  there  yvas  a view  of  success,  I should  by  no 
means  think  it  proper  to  make  such  an  attempt  now  when  the 
House  shows  so  good  a disposition  to  a reconciliation  to 
Government  of  which  they  have  given  good  proof  since  the 
date  of  my  former  Letter : They  have  acted  in  all  things  even 


MASSACHUSETTS  PAPERS. 


49 


iii  their  Eemonstrance  (as  far  as  I who  have  not  been  allowed 
a sight  of  it,  can  learn)  with  Temper  and  moderation.  They 
have  avoided  some  subjects  of  dispute  and  have  laid  a founda- 
tion for  removing  some  causes  of  former  Altercations.  I speak 
this  only  from  private  report,  nothing  of  this  kind  very  mate- 
rial having  as  yet  come  up  to  me. 

But  in  one  thing  the  House  have  shown  itself  contra  Agent 
to  the  Faction,  who  want  again  to  embroil  America.  There  is 
no  doubt  but  the  principal  Design  in  forming  these  remon- 
strances was  to  set  an  example  to  the  rest  of  America,  and  pro- 
duce a general  Clamour  from  every  other  Assembly  against  the 
late  Acts.  This  was  partly  defeated  by  my  refusing  to  call  the 
Assembly  before  the  usual  time ; and  again  by  the  House’s  re- 
solving to  form  their  remonstrance  in  such  a manner  that  it 
should  not  of  necessity  be  made  public ; but  tho’  this  last  in- 
tention was  quite  inconsistent  with  the  purpose  of  communi- 
cating the  substance  of  their  remonstrance  to  the  other  Assem- 
blies, yet  it  did  not  discourage  the  party  from  attempting  it. 
The  House  was  accordingly  moved  that  a day  be  assigned  to 
take  into  consideration  the  propriety  of  informing  the  other 
Governments  with  their  proceedings  against  the  late  Acts,  that 
if  they  thought  fit,  they  might  join  therein ; Upon  the  day, 
this  was  strongly  opposed  and  fully  debated,  it  was  said  by  the 
opposers  of  the  motion,  that  this  would  be  considered  at  home 
as  appointing  another  Congress,  and  perhaps  the  former  was 
not  yet  forgot.  Upon  the  close  of  the  debate,  it  was  carried  in 
the  negative  bjT  at  .least  2 to  1.  Ho  one  transaction  in  the 
House  has  given  me  so  great  hopes  that  they  are  returning  to 
a right  sense  of  their  duty,  and  their  true  Interest,  as  this  has 
done ; and  I hope  it  will  make  some  atonement  for  their  Re- 
monstrance. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  Papers. 


7 


JHO.  SPEED. 


50 


MASSACHUSETTS  PAPERS. 


EXTRACT  OF  A LETTER  FROM  GOVERNOR  BERNARD  TO  THE  EARL 
OF  SHELBURNE,  DATED  BOSTON,  JAN.  21,  1768. 

I found  it  necessary  to  call  the  Assembly  sooner  than  I 
intended,  and  they  accordingly  met  on  Dec.  30th.  I deferred 
giving  your  Lordship  any  account  of  their  proceedings  till  they 
should  become  interesting  enough  to  deserve  your  Lordship’s 
Notice.  The  first  18  days  were  spent  in  preparing  Remon- 
strances against  the  Act  for  imposing  New  Duties,  and  direct- 
ing the  application  of  them  for  the  support  of  Justice  and  the 
Government.  A few  days  before  the  meeting  of  the  Assembly 
the  Speaker  of  the  House  was  with  me,  and  in  the  course  of 
conversation  informed  me  that  it  was  intended  to  remonstrate 
against  the  late  Acts,  afid  asked  my  opinion  upon  it.  I told 
him  that  if  they  were  determined  upon  that  step  I would  advise 
them  to  do  it  in  such  a manner  that  the  Terms  of  their  Remon- 
strance might  not  necessarily  come  before  Parliament,  for  I 
knew  that  however  cautiously  it  might  be  worded  it  would  not 
be  free  from  a claim  of  a right  to  an  exemption  from  Acts  of 
this  kind  and  I was  well  assured  that  however  favourable  the 
Parliament  had  been  to  them  heretofore  it  was  at  present  by 
no  means  disposed  to  bear  with  a farther  dispute  of  their 
Authority  so  soon  after  it  had  been  so  solemnly  declared  to  be 
inherent  in  them;  and  especially  in  the  present  case,  which  was 
of  Port  Duties,  which  had  heretofore  been  admitted  to  belong 
to  Parliament,  and  now  were  to  be  taken  away  by  a refinement 
which  however  it  might  read  in  American  Newspapers,  could 
never  be  heard  in  the  Two  Houses,  which  allowed  of  no  dis- 
tinctions in  what  they  should  think  fit  to  enact  for  America.  I 
added  that  if  they  should  think  fit  to  address  His  Majesty’s 
Secretary  of  State  upon  this  Occasion,  it  was  my  official  busi- 
ness to  take  the  charge  of  it,  and  I should  faithfully  remit  it, 
whatever  the  contents  were,  and  if  they  put  it  into  other  hands, 


MASSACHUSETTS  PAPERS. 


51 


I should  Kemonstrate  against  it  as  being  irregular  and  uncon- 
stitutional for  any  Addresses  to  pass  from  an  Assembly  (where 
the  King  has  a Representative  presiding)  to  His  Majesty  either 
directly  or  indirectly,  except  thro’  the  mediation  of  His  Repre- 
sentative. 

As  soon  as  the  Assembly  met,  the  House  ordered  the  Com- 
mission of  the  Commissioners  of  the  Customs  which  was  Regis- 
tered in  the  Secretary’s  Office  to  be  brought  in  and  read,  and 
then  appointed  a Committee  to  consider  the  State  of  the  Pro- 
vince and  Report.  This  Committee  reported  a Letter  to  Mr. 
De  Berdt,  their  Agent,  and  another  to  Your  Lordship.  These 
being  very  long  they  took  many  days  consideration,  in  which 
many  offensive  passages  were  struck  out ; tho’  I am  told  there 
still  remains  at  least  in  the  Letter  to  Mr.  De  Berdt  several  bold 
expressions.  These  two  letters  took  up  18  days,  after  which 
the  Committee  reported  an  address  to  the  King,  which  was  con- 
cluded and  agreed  upon  in  4 or  5 days  more,  when  the  two  first 
letters  were  finished  I directed  the  Secretary  to  ask  the  Speaker 
to  let  me  have  a sight  of  them  as  I had  been  always  used  to  do 
in  like  cases,  without  ever  being  refused.  The  Speaker  said 
he  must  advise  about  it,  and  afterwards  told  the  Secretary  that 
there  was  an  order  of  the  House  that  no  Copies  should  be  taken 
and  therefore  he  could  not  let  me  see  them.  The  Secretary  re- 
plied that  that  was  no  objection  to  my  seeing  them,  for  that  I did 
not  want  any  copy  and  would  give  him  an  Assurance  that  no 
Copy  should  be  taken  whilst  in  my  hands  and  advised  him  to 
see  me.  The  Speaker  came  to  me  and  repeating  his  difficulties 
offered  to  take  the  opinion  of  the  House.  I told  him  he  should 
not  move  the  House  in  my  name,  for  I would  not  put  it  in 
their  power  to  refuse  me  this ; that  I had  already  waited  five 
days  for  a sight  of  those  papers,  and  if  he  would  not  let  me 
have  it  now,  I should  take  it  as  a refusal  and  should  acquaint 
the  Secretary  of  State  with  it.  He  still  said  that  he  would 
endeavour  to  get  leave  to  shew  them  to  me,  but  nothing  has 
been  done.  I must  add  that  I by  no  means  apprehend  this  to 


52 


MASSACHUSETTS  PAPERS. 


be  an  affront  to  my  person,  but  my  Office,  for  at  this  time  the 
Speaker  himself  seemed  uncommonly  desirous  for  some  other 
means  to  persuade  me  of  his  respect ; and  the  House  from  the 
time  of  the  opening  of  the  Session  to  this  day  has  shown  their 
disposition  to  avoid  all  dispute  with  me;  everything  having 
passed  with  as  much  good  humor  as  I could  desire,  except  only 
their  continuing  to  act  in  addressing  the  King,  remonstrating 
to  the  Secretary  of  State  and  employing  a separate  Agent  as  if 
they  were  the  States  General  of  the  Province,  without  a Gov’r 
and  King’s  Council.  It  is  the  Importance  of  their  innovation 
without  any  influences  of  my  own  which  induces  me  to  make 
this  remonstrance  to  Your  Lordship  at  a time  when  I have  a 
fair  prospect  of  having  in  all  other  business  nothing  but  good 
to  say  of  the  proceedings  of  this  House,  I mean  so  far  as  their 
disposition  has  hitherto  appeared. 

A true  Copy. 

In  the  Absence  of  the  Clerk  of  the  Papers. 

JNO.  SPEED. 


CIRCULAR  LETTER  SENT  BY  THE  HOUSE  OF  REPRESENTATIVES  OF 
THE  PROVINCE  OF  MASSACHUSETTS  BAY,  TO  THE  SPEAKERS  OF 
THE  HOUSES  OF  REPRESENTATIVES  OF  THE  SEVERAL  GOVERN- 
MENTS ON  THE  CONTINENT. 

Province  of  the  Massachusetts  Bay,  Feb.  11,  1768. 


Sir: 

The  House  of  Representatives  of  this  Province  have  taken 
into  their  serious  consideration  the  great  difficulties  that  must 
accrue  to  themselves  and  their  constituents  by  the  operation  of 
the  several  Acts  of  Parliament  imposing  Duties  and  Taxes  on 
the  American  Colonies. 

As  it  is  a subject  in  which  every  Colony  is  deeply  interested 
they  have  no  reason  to  doubt,  but  your  Assembly  is  duly  im- 


MASSACHUSETTS  PAPERS. 


53 


pressed  with  its  importance,  and  that  such  Constitutional  mea- 
sures will  be  taken  by  them  as  are  proper. 

It  seems  to  be  necessary  that  all  possible  care  should  be 
taken  that  the  Representatives  of  the  several  Assemblies  upon 
so  delicate  a point  should  harmonize  with  each  other:  The 
House  therefore  hope  that  this  Letter  will  be  candidly  consid- 
ered in  no  other  light  than  as  expressing  a disposition  freely  to 
communicate  their  mind  to  a Sister  Colony  upon  a Common 
concern  in  the  same  manner  as  they  would  be  glad  to  receive 
the  sentiments  of  your  or  any  other  House  of  Assembly  on  the 
Continent. 

This  House  have  humbly  represented  to  the  Ministry  their 
own  sentiments  that  his  Majesty’s  high  Court  of  Parliament  is 
the  Supreme  Legislative  Power  over  the  whole  Empire : That 
in  all  free  States  the  Constitution  is  fixed,  and  as  the  Supreme 
Legislative  derives  it’s  power  and  Authority  from  the  Consti- 
tution, it  cannot  overleap  the  bounds  of  it  without  destroying 
it’s  own  foundation : That  the  Constitution  Ascertains  and 
limits  both  Sovereignty  and  Allegiance,  and  therefore  his  Ame- 
rican Subjects  who  acknowledge  themselves  bound  by  the  Ties 
of  Allegiance,  have  an  equitable  claim  to  the  full  enjoyment  of 
the  fundamental  Rules  of  the  British  Constitution : That  it  is 
an  essential  unalterable  Right  in  Nature  engrafted  into  the 
British  Constitution  as  a fundamental  Law  and  ever  held  sacred 
and  irrevocable  by  the  Subjects  within  the  Realm,  that  what  a 
man  has  honestly  acquired  is  absolutely  his  own,  which  he 
may  freely  give  but  [which]  cannot  be  taken  from  him  without 
his  consent.  That  the  American  Subjects  may  therefore,  ex- 
clusive of  any  consideration  of  Charter  Rights,  with  a decent 
firmness  adapted  to  the  character  of  Freemen  and  Subjects 
Assert  their  National  Constitutional  Rights. 

It  is  moreover  their  humble  opinion,  which  they  express 
with  the  greatest  deference  to  the  Wisdom  of  the  Parliament 
that  the  Acts  made  there  imposing  Duties  on  the  People  of  this 
Province  with  the  sole  and  express  purpose  of  raising  a Reve- 


54 


MASSACHUSETTS  PAPERS. 


nue  are  infringements  of  their  National  Constitutional  Rights ; 
because  as  they  are  not  represented  in  the  British  Parliament ; 
His  Majesty’s  Commons  in  Great  Britain  by  those  Acts  grant 
their  Property  without  their  consent. 

This  House  further  are  of  opinion  that  their  Constituents 
considering  their  local  circumstances  cannot  by  an}?-  possibility 
be  Represented  in  the  Parliament : And  that  it  will  forever  be 
impracticable  that  they  should  be  equally  Represented  there, 
and  consequently  not  at  all:  And  that  His  Majesty’s  Royal 
Predecessors  were  graciously  pleased  for  this  Reason  to  form  a 
Subordinate  Legislature  here  that  their  Subjects  might  enjoy 
the  unalienable  Right  of  Representation ; and  that  considering 
the  utter  impracticability  of  their  being  fully  and  equally 
Represented  in  Parliament  and  the  great  expense  that  must 
unavoidably  attend  even  a partial  Representation  there,  this 
House  think  that  a Taxation  of  their  Constituents,  even  without 
their  consent,  grievous  as  it  is,  would  be  preferable  to  any 
Representation  that  could' be  admitted  for  them  there. 

Upon  these  Principles,  and  also  considering  that  were  the 
Right  in  the  Parliament  ever  so  clear,  yet  for  obvious  Reasons 
it  would  be  beyond  the  rules  of  Equity  that  their  Constituents 
should  be  taxed  on  the  Manufactures  of  Great  Britain  here  in 
Addition  to  the  Duties  they  pay  for  them  in  England,  and 
other  advantages  arising  to  Great  Britain  from  the  Acts  of 
Trade,  this  House  have  Preferred  a humble  dutiful  and  Loyal 
Petition  to  our  most  gracious  Sovereign  and  made  such  Repre- 
sentations to  His  Majesty’s  Ministers  as  they  apprehend  would 
tend  to  obtain  Redress. 

They  have  also  submitted  it  to  Consideration  whether  any 
People  can  be  said  to  enjoy  any  Degree  of  Freedom,  if  the 
Crown,  in  addition  to  its  undoubted  Authority  of  Constituting 
a Governor  should  also  Appoint  him  such  a Stipend,  as  it  shall 
judge  proper  without  the  consent  of  the  People  and  at  their 
expense;  and  whether  while  the  Judges  of  the  Land  and  other 
civil  Officers  in  the  Province  hold  not  the  Commissions  during 


MASSACHUSETTS  PAPERS. 


55 


good  behaviour,  their  having  salaries  appointed  for  them  by 
the  Crown  independent  of  the  People,  hath  not  a tendency  to 
subvert  the  Principles  of  Equity  and  endanger  the  happiness 
and  security  of  the  subject. 

In  addition  to  these  measures  the  House  have  wrote  a letter 
to  their  Agent,  Mr.  De-Berdt,  the  sentiments  of  which  he  is 
desired  to  lay  before  the  Ministry,  wherein  they  take  notice  of 
the  hardships  of  the  Act  for  Preventing  Mutiny  and  Desertion, 
which  requires  the  Governor  and  Council  to  provide  enume- 
rated Articles  for  the  King’s  Marching  Troops,  and  the  People 
to  pay  the  expense ; and  also  of  the  Commission  of  the  Gentle- 
men appointed  Commissioners  of  the  Customs  to  reside  in 
America,  which  Authorizes  them  to  make  as  many  appoint- 
ments as  they  think  fit,  and  to  pay  the  Appointees  what  sums 
they  please,  for  whose  mal  Conduct  they  are  not  accountable ; 
from  whence  it  may  happen  that  officers  of  the  Crown  may  be 
multiplied  to  such  a degree  as  to  become  dangerous  to  the 
Liberties  of  the  People,  by  virtue  of  a Commission  which  doth 
not  appear  to  this  House  to  derive  any  such  advantages  to 
Trade  as  many  have  been  led  to  expect. 

These  are  the  sentiments  and  proceedings  of  this  House ; and 
as  they  have  too  much  reason  to  believe  that  the  enemies  of 
the  Colonies  have  represented  them  to  His  Majesty’s  Ministers 
and  the  Parliament  as  factious,  disloyal  and  having  a disposi- 
tion to  make  themselves  independant  of  the  Mother  Country, 
they  have  taken  occasion  in  the  most  humble  Terms  to  assure 
His  Majesty  and  his  Ministers  that  with  Eegard  to  the  People 
of  this  Province  and  as  they  doubt  not  of  all  the  Colonies,  the 
charge  is  unjust. 

The  House  is  fully  satisfied  that  your  Assembly  is  too  gener- 
ous and  enlarged  in  Sentiment  to  believe  that  this  Letter  pro- 
ceeds from  any  Ambition  of  taking  the  lead  or  dictating  to  the 
other  Assemblies.  They  freely  submit  their  opinion  to  the 
judgment  of  others,  and  shall  take  it  kind  in  your  House  to 
point  out  to  them  any  thing  further  which  may  be  thought 
necessary. 


56 


MASSACHUSETTS  PAPERS. 


The  House  cannot  conclude  without  expressing  their  firm 
confidence  in  the  King  our  Common  Head  and  Father,  that  the 
united  and  dutiful  supplications  of  his  distressed  American 
Subjects  will  meet  with  his  Royal  and  favorable  acceptance. 

In  the  name  and  by  order  of  the  House  of  Representatives, 
I am,  sir,  with  great  respect, 

Y’r  most  obd’t  humble  Serv’t, 

THOMAS  CUSHING,  Speaker. 

To  the  Speaker  of  the  House  of  Representatives  of  the 
Colony  of,  &c. 


EXTRACT  OP  A LETTER  FROM  GOY’R  BERNARD  TO  THE  EARL  OP 
SHELBURNE,  DATED  BOSTON,  FEBRUARY  18th,  1768. 

By  my  Letter  No.  2, 1 informed  your  Lordship  that  a motion 
in  the  House  for  circulating  a copy  of  their  Proceedings  against 
the  late  Acts  of  Parliament  to  all  the  Assemblies  on  the  Conti- 
nent had  been  rejected  by  above  2 to  1 and  that  I formed  pro- 
mising conclusions  from  this  defeat  of  the  factious  party.  But 
I was  too  hasty  in  my  approbation  of  the  Conduct  of  the 
House  : This  was  too  great  a point  to  be  given  up  ; the  party 
therefore  resolved  to  make  another  effort,  and  having  prepared 
the  way  by  privately  tampering  with  and  influencing  particu- 
lars, they  moved  that  all  the  former  proceedings  upon  this 
point  should  be  obliterated  out  of  the  Journal,  which  being 
agreed  to,  the  way  became  clear  for  another  Motion,  that  a 
Committee  should  be  appointed  to  prepare  a Circular  Letter  to 
the  several  Speakers  of  the  Assemblies  upon  the  Continent 
containing  an  abstract  of  their  remonstrances  against  the  late 
Act  and  a desire  that  the  other  Assemblies  would  join  with 
them.  A Letter  was  presently  reported  and  agreed  to  by  the 
House. 


MASSACHUSETTS  PAPERS. 


57 


As  soon  as  I knew  that  this  was  past  I got  the  Speaker  to 
come  to  me,  and  in  the  presence  of  the  Secretary,  required  a 
Copy  of  the  Circular  Letter,  that  I might  transmit  it  to  your 
Lordship,  to  whom  I said  I should  be  obliged  to  send  an  ac- 
count of  this  extraordinary  proceeding  which  I feared  would 
be  thought  similar  to  the  Congress  in  1765.  He  said  that  he 
did  not  doubt  that  it  would  be  easily  obtained  with  the  leave 
of  the  House.  He  accordingly  asked  the  Leave  of  the  House 
the  next  day,  which  he  not  only  obtained  for  the  Copy  in  ques- 
tion, but  also  for  the  other  proceedings  of  which  he  had  refused 
me  the  sight  some  time  before. 

I now  send  your  Lordship  a Copy  of  this  Circular  Letter, 
which  I would  animadvert  upon  if  the  time  would  permit.  At 
present  I will  only  make  two  observations,  1st.  That  this  pre- 
sent undertaking  is  calculated  to  inflame  the  whole  Continent, 
and  engage  them  to  join  together  in  another  dispute  with  the 
Parliament  about  the  authority  of  the  latter,  altho’  the  present 
subject  matter  was  professedly  allowed  by  the  Americans  them- 
selves to  be  within  the  bounds  of  the  power  of  Parliament  at 
the  time  of  the  former  dispute.  2nd.  That  the  Distinctions  by 
means  of  which  they  now  transfer  the  matters  contained  in  the 
late  Act  of  Parliament  from  the  range  of  what  they  before 
conceded  to  Parliament  to  that  of  what  they  before  denied  is 
equally  conclusive  of  all  Acts  of  Parliament  imposing  Duties 
in  any  of  the  American  Ports  and  consequently  if  the  last  Act 
be  given  up  to  those  pretensions,  all  other  Acts  of  American 
revenue  must  follow.  I shall  write  fully  to  your  Lordship 
upon  this  subject,  when  I have  Leisure  to  review  the  proceed- 
ings of  this  Session. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  papers. 

JNO.  SPEED. 

Endorsed , 

Received  April  15, 

8 


58 


MASSACHUSETTS  PAPERS. 


PROCEEDINGS  OF  THE  MERCHANTS  OF  BOSTON. 

At  a full  meeting  of  the  Merchants  and  Traders  in  the  Town 
of  Boston,  convened  at  the  British  Coffee  House  the  1st  day  of 
March  1768.  The  following  Votes  were  unanimously  passed. 

That  it  is  the  opinion  of  this  Company  that  every  Legal 
Measure  for  freeing  the  Country  from  the  present  Embarrass- 
ments should  be  adopted,  and  among  others  the  stopping  the 
importation  of  Goods  from  G.  Britain  under  certain  limitations. 
And  that  a Committee  be  chosen  to  fix  on  and  Report  to  this 
Company  on  adjournment  the  best  Measures  for  carrying  into 
execution  the  foregoing  Vote. 

And  at  their  Meeting  on  Adjournment  March  4th,  the  Com- 
mittee Reported  and  the  following  Resolutions  were  unani- 
mously agreed  to. 

In  Consideration  of  the  great  scarcity  of  money,  which  has 
for  several  years  been  so  sensibly  felt  among  us,  and  now  must 
be  rendered  much  greater,  not  only  by  the  immense  sums 
absorbed  in  the  Collection  of  the  Duties  lately  imposed,-  but  by 
the  great  Checks  given  thereby  to  Branches  of  Trade  which 
yielded  us  most  of  our  money  and  means  of  Remittance. 

In  Consideration  also  of  the  great  debt  now  standing  against 
us,  which  if  we  go  on  increasing  by  the  excessive  Imports  we 
have  been  accustomed  to  while  our  sources  of  Remittances  are 
daily  drying  up,  must  terminate  not  only  in  our  and  our  Coun- 
try’s ruin,  but  in  that  of  many  of  our  Creditors  on  the  other 
side  of  the  Water. 

In  Consideration  further  of  the  danger  from  some  late  Mea- 
sures of  our  losing  many  inestimable  Blessings,  and  advantages 
of  the  British  Constitution  which  Constitution  we  have  ever 
Revered  as  the  Basis  and  Security  of  all  we  enjoy  in  this  life. 

Voted,  That  we  will  not  for  one  year  send  for  any  European 
Commodities  excepting  Salt,  Coals,  Fish,  Hooks,  Lines,  Hemp 
and  Duck,  Barr  Lead  and  Shott,  Cards  and  Card  Wire. 


MASSACHUSETTS  PAPERS. 


59 


Toted  that  we  will  encourage  the  produce  and  manufactures 
of  these  Colonies  by  the  use  of  them  in  preference  to  all  other 
manufactures. 

Toted,  That  in  the  purchase  of  such  articles  as  we  shall  stand 
in  need  of  we  will  give  a constant  preference  to  such  Persons 
as  shall  subscribe  to  these  Resolutions. 

Toted,  That  we  will  in  our  separate  capacities  inform  our 
several  Correspondents  of  the  Reasons  and  point  out  to  them 
the  Necessity  of  withholding  our  usual  order  for  their  Manu- 
factures, to  the  end  that  the  said  Impediments  may  be  removed 
and  Trade  and  Commerce  may  again  flourish. 

Toted,  That  these  Totes  or  Resolutions  be  obligatory  or 
binding  on  us  from  and  after  the  time  that  these  or  other  similar 
or  tending  to  the  same  salutary  purpose  be  adopted  by  most  of 
the  principal  trading  Town  in  this  and  the  neighbouring 
Colonies. 

And  at  a further  adjournment  of  said  Meeting,  March  9th, 
The  Question  being  put  whether  it  be  the  minds  of  the  Gentle- 
men present  who  have  signed  the  Subscription  Papers  that  they 
are  bound  not  to  forward  their  orders  for  any  goods  ’till  the 
first  Tuesday  in  May  next,  that  the  determination  of  the  Mer- 
chants and  Traders  in  the  Neighbouring  Towns  and  Colonies 
may  be  known. 

Passed  in  the  affirmative  unanimously.  It  was  also  Toted, 
That  they  would  not  dispose  of  any  goods  sent  them  on  Com- 
mission nor  purchase  any  of  any  Factor  who  should  Import 
them  within  the  Time  they  themselves  shall  be  restrained  from 
Importing,  and  that  those  Gentlemen  who  have  already  for- 
warded their  orders  for  Fall  Goods  are  desired  to  countermand 
the  same. 

And  it  was  further  Toted,  That  a Committee  be  appointed 
to  Correspond  with  the  Merchants  in  the  other  Trading  Towns 
and  Provinces  and  forward  to  them  the  foregoing  Totes,  and 
that  said  Committee  be  empowered  to  call  a meeting  when  they 


60 


MASSACHUSETTS  PAPERS. 


think  necessary.  The  following  Gentlemen  were  appointed  a 


Committee  for  that  Purpose. 


A True  Copy. 

Attest, 


JOHN  HANCOCK,  Esq., 
JOHN  ROWE,  Esq., 

Mr.  EDWARD  PAYNE, 
WILLIAM  PHILLIPS,  Esq., 
Mr.  THOMAS  BOYLESTON, 
ARNOLD  WELLS,  Esq., 
MELATIAH  BOURN,  Esq., 
Mr.  HENDERSON  INCHES, 
JOHN  ERVING,  Junr.  Esq. 


WM.  PALFREY,  Clerk. 


LETTER  FROM  THE  COMMITTEE  OF  THE  MERCHANTS  OF  BOSTON  TO 
EDWARD  SHEUFFE  AND  RICHARD  CAREY,  ESQS.,  CHARLESTOWN, 
MASS. 

Boston,  March.  16th,  1768. 

Gentm  : 

The  Merchants  and  Traders  of  this  Town  having  had  several 
Meetings,  did  on  the  9th  Instant  Unanimously  agree  to  the 
inclos’d  Resolutions,  and  generally  enter’d  into  Subscriptions 
for  that  purpose — and  in  Consequence  of  these  Yotes  we  address 
you  Gent’n  to  desire  the  favour  of  you  to  promote  the  same 
Measure  and  Resolutions  with  the  Merchants  and  Traders  of 
your  Town,  or  any  of  your  Neighbouring  Towns,  where  there 
are  Importers — and  we  doubt  not  you  will  see  the  propriety 
of  this  method  and  prosecute  the  same  with  a zeal  adequate  to 
the  importance  of  it.  As  we  apprehend  this  plan  will  have  a 
good  Effect,  and  we  hope  will  in  time  procure  us  Relief  and  be 
of  more  service  than  any  Remonstrance  we  can  make — 


MASSACHUSETTS  PAPERS. 


61 


You  will  please  to  observe  by  the  Yotes  that  it  will  be  neces- 
sary to  act  upon  tbis  Affair  as  soon  as  may  be,  as  our  obliga- 
tions in  subscribing  depend  upon  the  determination  of  the  other 
Provinces  and  Trading  Towns.  \Ye  are  with  esteem, 

Your  most  humble  Servants, 

JOHN  HAYCOCK, 

JOHN  HOWE, 

EDWARD  PAYYE, 

WM.  PHILLIPS, 

THO.  BOYLSTOY, 
ARYOLD  WELLES, 
MELATIAH  BOURY, 
HEYDERSOY  IYCHES, 
JOHY  ERYIYGr,  Jun. 

Edward  Sheaffe  and  Richard  Carey,  Esqs. 

Charlestown,  Mss. 


LETTER  FROM  THE  EARL  OF  HILLSBOROUGH*  TO  GENERAL  GAGE. 


Whitehall,  8th.  June,  1768. 
(Secret  and  Confidential.) 


Sir: 

I transmit  to  you  for  your  private  information  Copies  of  a 
Letter  from  his  Majesty’s  Commissioners  of  the  Revenue  to  the 
Lords  of  the  Treasury ; of  my  circular  Letter  to  the  several 
Governors  upon  the  Continent  in  Consequence  of  it  and  of 
Govr.  Bernard’s  three  last  Letters  to  my  Office. 

The  Contents  of  these  Papers  will  evince  to  you  how 


* Wills,  second  Viscount  and  First  Earl  of  Hillsborough  in  the  Irish  Peerage 
and  first  Earl  of  Hillsborough  in  the  English  Peerage.  In  1768  he  was  ap- 
pointed Secretary  of  State  for  the  colonies,  a new  distinct  department,  which 
he  held  until  1772,  when  he  resigned.  In  1779,  he  was  reappointed  to  the 
same  situation. 


62 


MASSACHUSETTS  PAPERS. 


necessary  it  is  become,  that  such  measures  should  be  taken 
as  will  strengthen  the  hands  of  Government  in  the  Province 
of  Massachusetts  Bay,  enforce  a due  obedience  to  the  Laws  and 
protect  and  support  the  Civil  Magistrates  and  the  Officers  of 
the  Crown  in  the  execution  of  their  Duty. 

For  these  purposes  I am  to  signify  to  you  his  Majesty’s 
pleasure  that  you  do  forthwith  order  one  Regiment  or  such 
Force  as  you  shall  think  necessary  to  Boston  to  be  Quartered 
in  that  Town  and  to  give  every  legal  assistance  to  the  Civil 
Magistrates  in  the  preservation  of  the  public  peace ; and  to  the 
Officers  of  the  Revenue  in  the  Execution  of  the  Laws  of  Trade 
and  Revenue.  And  as  this  appears  to  be  a service  of  a delicate 
nature,  and  possibly  leading  to  consequences  not  easily  fore- 
seen, I am  directed  by  the  King  to  recommend  to  you  to 
make  choice  of  an  officer  for  the  Command  of  these  Troops, 
upon  whose  prudence,  resolution  and  Integrity  you  can  entirely 
rely. 

The  necessary  measures  for  Quartering  and  providing  for 
these  Troops  must  be  entirely  left  to  your  direction,  but  I 
would  submit  to  you,  whether,  as  Troops  will  probably  con- 
tinue in  that  Town  and  a place  of  some  strength  may  in  case 
of  emergency  be  of  great  service  it  would  not  be  adviseable  to 
take  possession  of  and  repair,  if  repairs  be  wanting  the  little 
Castle  or  Fort  William  and  Mary  which  belongs  to  the  Crown. 

I am  &c., 

HILLSBOROUGH. 

Hon’ble  Genl.  Gage. 

A true  copy, 

In  the  absence  of  tke  Clerk  of  the  Papers 

JNO.  SPEED. 


MASSACHUSETTS  PAPERS. 


63 


LETTER  FROM  GOVERNOR  BERNARD  TO  THE  EARL  OF  HILLSBOROUGH. 

Boston,  June  11,  1768. 

My  Lord: 

I am  sorry  to  inform  your  Lordship,  that  a great  Riot  hap- 
pened in  this  Town  last  evening,  which  had  very  had  conse- 
quences, tho’  happily  there  were  no  lives  lost.  The  Collector 
and  Comptrollers  of  this  Port  seized  a Sloop  for  openly  and 
forcibly  landing  a Cargo  of  Wines  without  paying  Duty,  and  by 
means  of  assistance  from  the  Romney  Man  of  War,  secured  her. 
Upon  their  return  home  they  were  attacked  by  a mob,  with 
Clubs,  Stones,  and  brickbats.  Mr.  Harrison  the  Collector  was 
bruised,  particularly  in  the  breast,  but  kept  his  legs  so  as  to 
escape  thro’  an  alley,  Mr.  Hollowell  the  Comptroller , was  knocked 
down  and  left  on  the  ground  covered  with  blood.  He  has  many 
wounds  and  bruises,  but  none  dangerous  to  life.  Mr.  Harrison’s 
son,  a young  Gentleman,  not  in  any  office,  who  accompanied 
his  Father,  was  knocked  down  and  dragged  by  the  hair  of  his 
head,  and  would  have  been  killed,  if  he  had  not  been  got  into 
an  house  by  some  standers  by.  In  another  part  of  the  Town 
Mr.  Irvine  under  the  Board  of  Commissioners  was  attacked  by 
another  Mob,  very  much  beat  and  abused  and  would  probably 
have  been  killed  if  he  had  not  been  rescued  by  two  of  the  mob, 
and  enabled  to  escape  thro’  an  house.  This  Gent,  was  concerned 
in  no  ways  in  the  seizure.  After  this  they  went  to  Mr.  Hallo- 
well’s  house  and  began  to  break  his  windows  and  force  an 
entry,  but  was  diverted  therefrom  by  assurances,  that  Mr. 
Hallowell  was  almost  killed,  and  was  not  at  home.  They  then 
went  to  Mr.  Harrison’s  and  broke  his  windows  but  he  not  being 
at  home  and  the  owner  of  the  house,  entreating  them  to  depart, 
they  left  it ; Then  they  went  to  Mr.  Williams’  House,  one  of  the 
Inspectors  General,  who  was  then  at  a distance  from  Boston, 
and  broke  near  an  hundred  panes  and  did  other  damage  to  the 


64 


MASSACHUSETTS  PAPERS. 

house.  But  upon  Mrs.  Williams’  appearing  and  assuring  them 
that  he  was  absent  and  only  she  was  at  home,  they  departed. 
Happily  they  did  not  break  into  any  house,  for  if  they  had  got 
at  a Cellar,  the  mischiefs  would  have  been  greater  and  more 
extensive. 

After  this  they  went  to  a wharf  where  lay  a pleasure  boat 
belonging  to  Mr.  Harrison,  built  by  himself  in  a particular  and 
elegant  manner.  This  they  took  out  of  the  water  and  carried 
it  into  the  common  and  burnt  it.  By  this  time  there  were 
about  500,  some  say  1000  men  gathered  together.  Whilst  the 
boat  was  burning  some  gentlemen  who  had  an  Influence  over 
them  persuaded  them  to  depart.  This  was  afterwards  put  to  the 
vote.  Whereupon  proclamation  was  made  “ each  man  to  his 
Tent.”  Before  this  they  were  harangued  by  a Leader,  who 
among  others  used  these  words,  as  they  have  been  reported  to 
me.  “We  will  support  our  Liberties,  depending  upon  the 
Strength  of  our  own  Arms  and  God whilst  they  were  upon 
the  Common  they  got  some  Bum,  and  attempted  to  get  more> 
if  they  had  procured  it  in  quantity  God  knows  where  this  thing 
would  have  ended.  And  now  the  terror  of  the  night  is  over  it 
is  said  to  be  only  a prelude  to  further  mischiefs,  the  threats 
against  the  Commissioners  and  all  the  Officers  of  the  Board 
being  renewed  with  as  great  malice  as  ever. 

This  morning  I got  the  Council  together  as  soon  as  I could, 
and  laid  the  affair  before  them.  After  a long  altercation  about 
what  should  be  done,  in  which  appeared  a disposition  to  meddle 
with  it  as  little  as  possible,  It  was  advised  and  ordered,  that 
such  of  the  Council  as  were  Justices  of  the  Peace,  should  assist 
me  in  ascertaining  the  Facts  of  the  Examination  of  Wit- 
nesses; and  Monday  morning  at  9 o’clock  is  appointed  for  pro- 
ceeding upon  this  business.  When  this  is  done  I shall  be  able 
to  give  your  Lordship  a more  full  and  particular  account  of  this 
affair.  At  present  what  I send  is  only  the  heads  of  it,  which  I 
dare  say  will  vary  materially  from  the  most  authentic  Accounts, 
and  I write  this  at  present  in  order  to  send  it  by  the  Post  to 


MASSACHUSETTS  PAPERS. 


65 


New  York  to  take  the  chance  of  the  Packet,  which  it  will  pro- 
bably just  hit  the  time  of. 

I am  with  great  respect,  My  Lord, 

Your  Lordship’s  most  obedient  and 
most  humble  Servant, 


The  Right  Hon’ble  the 
Earl  of  Hillsborough. 


FRA.  BERNARD. 


P.  S.  June  13. — This  morning  early  I received  a Letter  from 
the  Commissioners  informing  me  of  some  particulars  from 
whence  they  concluded  that  they  were  immediately  exposed  to 
further  violences,  and  therefore  they  on  Saturday  evening  took 
shelter  on  board  the  Romney  Man  of  War,  that  it  being  neces- 
sary to  provide  for  their  further  security  they  desire  that  their 
Pamilies  and  Officers  may  be  accommodated  and  protected  at  the 
Castle.  I immediately  answered  this  by  enclosing  an  order  to 
the  Captain  of  the  Castle  to  receive  them  accordingly. 

This  morning  a paper  was  found  stuck  up  on  Liberty  Tree 
inviting  all  the  Sons  of  Liberty  to  meet  at  6 o’clock  tp  clear 
the  land  of  the  Vermin  which  are  consuming  them,  &c.  &c.  I 
have  been  in  Council  all  this  morning  to  consider  of  preventing 
an  Insurrection  to  night.  No  resolution  has  or  will  be  taken 
before  I send  away  this ; perhaps  the  Commissioners  retiring- 
may  assist  our  purposes. 

A true  Copy, 

In  the  Absence  of  the  Clerk  of  Papers, 

JNO.  SPEED. 


COPY  OF  A LETTER  FROM  THE  COMMISSIONERS  OF  CUSTOMS  TO  THE 
LORDS  OF  THE  TREASURY,  WITH  ACCOMPANYING  JOURNAL  AND 
DEPOSITIONS. 

May  it  please  your  Lordships : 

In  our  former  Memorials  to  your  Lordships,  we  represented 
the  disaffection  of  the  People  here  to  the  Revenue  Laws,  and 
9 


66 


MASSACHUSETTS  PAPERS. 


from  the  many  treasonable  publications  that  had  been  spread 
through  all  the  Provinces,  and  the  Correspondence  carried  on 
by  the  several  Assemblies,  we  were  persuaded  there  had  been 
a long  concocted  and  intensive  plan  of  resistance  to  the 
authority  of  Great  Britain;  and  we  believe  that  the  seizure 
referred  to  ill  the  inclosed  Papers,  has  hastened  the  People  of 
Boston  to  the  Commission  of  actual  violence  sooner  than  was 
intended. 

From  their  outrageous  behaviour  towards  our  Officers,  and 
their  repeated  threats  of  immediate  violence  to  our  Persons,  we 
found  it  absolutely  necessary  in  order  to  save  his  Majesty’s 
Commission  from  further  insult,  and  to  preserve  our  lives,  to 
take  shelter  on  board  his  Majesty’s  ship  the  Romney,  in  Boston 
Harbour,  from  whence  we  are  removed  into  Castle  William  to 
carry  on  the  business  of  the  Revenue,  till  we  can  receive  such 
protection  as  will  enable  us  to  act  in  safety  in  Boston. 

We  herewith  lay  before  your  Lordships  Copies  of  our  Min- 
utes of  the  13th  and  14th  Inst,  together  with  Copies  of 
several  Affidavits  and  Letters  relative  to  our  present  situation 
agreeable  to  the  Schedule  inclosed,  and  we  beg  leave  to  submit 
our  opinions,  that  nothing  but  the  immediate  exertion  of  Mili- 
tary Power  will  prevent  an  open  revolt  of  this  Town,  which 
may  probably  spread  throughout  the  Provinces. 

Which  is  humbly  submitted, 

HENRY  HTJLTON. 

T.  TEMPLE. 

WM.  BURCH. 

CHAS.  PAXTON. 

JOHN  ROBINSON. 

Castle  William, 

Boston  Harbour, 

June  16,  1768. 

To  the  R’t  Hon’ble 
The  Lords  op  the  Treasury. 


MASSACHUSETTS  PAPERS. 


67 


(Copy  No.  2.) 

On  Board  his  Majesty’s  Ship  Romney, 
Monday,  13  June,  1767. 

Henry  Fulton  Esq.  in  the  Chair. 

Present:  Mr.  Robinson,  Mr.  Burch,  Mr.  Paxton,  and  Mr. 
Temple. 

Mr.  Harrison  Collector  of  this  Port  having  laid  before  the 
Board  on  the  10th  Instant,  an  information  taken  on  Oath  setting 
forth  that  the  Tidesman  placed  on  board  the  Sloop  Liberty,  which 
arrived  from  Madeira  on  the  9th  day  of  May,  had  been  forcibly 
confined  on  board  the  said  Vessel,  during  which  time  part  of 
the  Cargo  had  been  unladen,  before  entry  thereof  had  been 
made  at  the  Custom  House  or  Naval  Office ; the  Commissioners 
referred  the  matter  to  the  Consideration  of  the  Solicitor,  and  in 
the  evening  the  Collector  and  Comptroller  made  seizure  of  the 
said  Vessel  and  delivered  her  into  the  charge  of  the  Master  of 
his  Majesty’s  Ship  Romney,  which  lay  near  the  wharf  when 
the  seizure  was  made,  who  immediately  carried  her  along  side 
the  said  Ship,  as  there  was  a Mob  assembled  who  attempted  to 
rescue  her.  The  Collector  and  Comptroller  with  the  Son  of  the 
Collector,  on  their  return  from  the  wharf  into  Town,  were 
attacked  by  a numerous  and  outrageous  Mob.  Mr.  Irving, 
Inspector  of  Imports  and  Exports,  who  happened  to  be  passing 
the  same  way  in  his  return  from  the  wharf,  was  likewise 
attacked  by  the  Mob,  who  cried  out  he  is  a Commissioner,  kill 
him,  kill  him,  these  several  Persons  were  grossly  insulted  and 
much  bruised  and  escaped  with  the  utmost  hazard  of  their 
Lives,  the  Collector  having  been  confined  to  his  Bed,  and  in 
great  danger  from  a blow  he  received  on  his  breast  with  a stone 
or  brickbat  thrown  at  him,  and  the  Comptroller  having  been 
likewise  confined  to  his  house  under  the  care  of  a Surgeon, 
from  the  wounds  and  Bruises  he  received ; after  these  violences 
committed  on  the  Persons  of  the  Officers  the  Mob  proceeded  to 


68 


MASSACHUSETTS  PAPERS. 


the  Houses  of  the  Collector  and  Comptroller,  broke  their  win- 
dows and  those  of  Mr.  Williams  Inspector-General,  and  they 
concluded  the  Night  with  dragging  the  Collector’s  Boat  from 
the  wharf  through  the  Town  to  the  Common,  where  they 
burnt  it. 

Whilst  these  outrages  were  committing,  the  Commissioners 
had  every  reason  to  expect  they  should  meet  with  the  like 
insults,  and  therefore  retired  from  their  houses,  taking  shelter 
till  after  midnight  with  their  families  in  the  Houses  of  some 
Persons  in  the  Neighbourhood.  Early  on  the  next  day  the 
Gov.  acquainted  the  Commissioners  that  the  Council  would 
meet  on  the  affair  of  the  Riot  of  the  preceding  Evening,  and 
desired,  if  the  Board  had  any  thing  to  communicate  to  them 
thereon,  that  it  might  be  laid  before  them,  upon  which  the 
Chairman  summoned  the  Commissioners  to  meet,  it  not  being  a 
Board  day,  when  they  wrote  a letter  to  Governor  Bernard  and 
the  Collector,  Comptroller,  Mr.  Irving  and  Young,  Mr.  Harrison 
having  sent  to  the  Board  their  affidavits  on  the  affair,  the  Com- 
missioners immediately  directed  the  Secretary  to  lay  them 
before  the  Governor  in  Council.  The  Board  received  a letter 
from  Mr.  Oliver,  Secretary  of  the  Province,  acquainting  them, 
that  the  inquiry  into  the  affair  of  the  Riot  was  referred  to  a 
Committee  of  the  Council,  to  be  reported  on  Monday,  11th. 
During  this  day  the  Commissioners  received  frequent  Informa- 
tions that  further  Riots  were  intended,  and  in  the  afternoon  a 
verbal  message  was  brought  to  them,  at  Mr.  Paxton’s,  where 
four  of  them  dined  in  company  with  the  Governor,  that  the 
Town  was  in  a great  ferment,  and  that  Mr.  Hancock,  the  owner 
of  the  Sloop,  desired  she  might  be  restored  upon  his  giving 
Bond  to  answer  the  Prosecution  that  might  be  commenced 
against  her,  in  order  to  quiet  the  Town;  the  Commissioners 
told  the  Person  they  could  give  no  answer  to  verbal  messages, 
that  if  the  owner  had  any  application  to  make  to  them,  he 
must  do  it  in  writing  to  be  laid  before  the  Board.  The  Com- 


MASSACHUSETTS  PAPERS. 


69 


missioners  considering  this  application  as  a menace,  and  finding- 
no  measures  bad  been  taken  by  tbe  Governor  and  Council  for 
securing  tbe  Peace  of  the  Town,  and  tbe  Governor  having 
repeatedly  told  tbe  Commissioners  that  be  could  give  them  no 
protection,  and  that  be  would  not  apply  to  General  Gage  for 
Troops,  unless  tbe  Council  advised  him  to  it,  and  at  this  time 
said  there  was  no  safety  for  them  in  this  place  and  they  con- 
sidering tbe  Temper  of  tbe  People  and  tbe  appearance  of 
further  disturbances  that  night,  thought  it  most  prudent  to 
secure  a retreat  on  Board  bis  Majesty’s  ship,  and  accordingly 
wrote  to  Capt.  Corner,  and  in  tbe  Evening  Mr.  Burch  and  Mr. 
Hulton  with  their  Families  went  on  board  the  Bomney,  and 
tbe  next  day  Mr.  Robinson  and  Mr.  Paxton  came  on  Board  tbe 
Man  of  War,  when  tbe  Commissioners  wrote  a letter  to  Gover- 
nor Bernard. 

Monday  13th.  Read  a letter  of  Yesterday’s  date  from  tbe 
Chairman  to  tbe  Secretary. 

Read  a letter  wrote  by  Three  Commissioners  at  3 o’clock  this 
morning  to  tbe  Collector  and  Comptroller  at  Boston. 

Read  a letter  of  tbe  11th  Inst,  from  tbe  Collector  and  Comp- 
troller of  Boston,  giving  an  account  of  their  seizing  tbe  Ship 
Liberty,  Capt.  Bernard,  from  Madeira  and  delivering  her  into 
tbe  possession  of  tbe  Master  of  tbe  Ship  Romney. 

Read  a letter  of  this  date  from  Governor  Bernard,  inclosing 
orders  to  tbe  Captain  of  Castle  William  for  receiving  tbe  Com- 
missioners with  their  Families  and  tbe  officers  of  tbe  Board, 
into  tbe  Castle,  and  giving  them  all  tbe  protection  in  bis  power. 
Read  a letter  wrote  yesterday  by  tbe  Chairman  to  tbe  Comp- 
troller and  Collector  of  Boston  directing  them  to  draw  up  and 
deliver  to  tbe  Secretary  a written  representation  of  tbe  Pro- 
posals made  for  returning  tbe  seizure  to  Mr.  Hancock.  As  tbe 
present  meeting  of  tbe  Board  is  to  concert  measures  to  be 
immediately  taken  for  tbe  Honour  of  Government  and  Security 
of  tbe  Revenue, 


70 


MASSACHUSETTS  PAPERS. 


Resolved , That  Capt.  Corner  be  desired  to  take  a seat  with 
the  Commissioners  at  the  Board,  and  he  assisted  at  the  Board 
accordingly. 

Bead  a letter  from  the  Collector  and  Comptroller  of  Boston 
dated  June  12th,  in  answer  to  the  letter  wrote  by  the  Chairman 
Yesterday.  Signed  a letter  to  Capt.  Corner.  Signed  a letter 
to  Governor  Bernard. — Ordered  that  it  be  delivered  to  him  by 
the  Secretary.  The  Board  adjourned  till  to-morrow  Morning 
10  o’clock,  when  Mr.  Temple  and  the  Secretary  at  2 o’clock 
went  on  Shore,  the  other  Four  Commissioners  and  their  Fami- 
lies remaining  on  Board. 

H.  H. 


On  Board  his  Majesty’s  Ship  Romney. 

Tuesday,  14tli  June,  1768. 

Henry  Fulton  Esq.,  in  the  chair. 

Present:  Mr.  Burch,  Mr.  Robinson,  Mr.  Paxton  and  also 
Capt.  Corner,  who  was  desired  to  attend  as  yesterday. 

The  Secretary  having  in  the  evening  been  directed  to 
acquaint  Mr.  Temple  that  the  Board  would  meet  at  9 o’clock 
this  morning,  and  that  the  Custom  House  Barge  would  attend 
at  Wheelwright  wharf  to  take  on  Board  the  Ship  Mr.  Temple, 
the  Secretary  and  such  other  officers  as  might  be  there. 

About  11  o’clock,  no  boat  appearing  at  the  wharf  before,  the 
Secretary  came  on  board  bringing  with  him  a Letter  from  Mr. 
Temple  excusing  his  attendance  at  the  Board  on  account  of  the 
weather. 

The  Board  were  acquainted  that  advertisements  were  yester- 
day stuck  up  in  various  parts  of  the  town  and  hand  bills  dis- 
tributed, of  which  the  following  is  a copy 


MASSACHUSETTS  PAPEES. 


71 


Boston,  June  13th,  1768. 

“The  Sons  of  Libeety 

“Request  all  those  who  in  this  time  of  oppression  and 
“ distraction,  wish  well  to,  and  would  promote  the  Peace,  good 
“ order,  and  security  of  the  Town  and  Province  to  assemble  at 
“Liberty  Hall,  under  Liberty  Tree,  on  Tuesday  the  14th 
“Instant,  at  10  o’clock  Forenoon  precisely.”  And  that  in  con- 
sequence thereof  a Red  Flag  was  hoisted  yesterday  in  the 
afternoon  at  Liberty  Tree  and  continued  Flying  this  morning, 
and  that  about  10  o’clock  this  morning  a great  Number  of 
People,  supposed  to  be  near  2000  met,  and  after  choosing  a 
Moderator  adjourned  to  Fanuel  Hall  till  3 o’clock  in  the  after- 
noon. 

Read  another  Letter  from  Governor  Bernard  dated  the  13th 
Instant. 

The  Board  taking  the  said  Letters  into  consideration,  together 
with  their  letters  to  the  Governor  of  the  12th  and  13th  instant, 
and  having  received  repeated  information  of  the  tumultuous 
and  disordered  state  of  the  Town  of  Boston,  still  continuing 
and  increasing  are  fully  persuaded  of  the  justness  and  pro- 
priety of  their  said  Letters  to  the  Governor. 

Resolved , That  from  the  outragious  behaviour  of  the  People 
in  the  Town  of  Boston,  the  Commissioners  cannot  return  there, 
but  at  the  utmost  hazard  of  their  safety  and  the  Honour  of  the 
Crown. 

Resolved , That  not  receiving  any  assurances  from  the  Go- 
vernor and  Council  of  protection  in  Boston  the  Board  judge  it 
expedient  to  retire  to  Castle  William,  which  the  Governor  has 
offered  to  the  Commissioners  in  order  to  carry  on  the  Business 
of  the  Revenue. 

Resolved , That  a Letter  be  wrote  to  Capt.  Corner  to  desire  he 
will  put  the  Commissioners  on  shore  at  Castle  William,  and 
that  he  will  remain  there  with  his  Majesty’s  Ship  under  his 
command  for  their  protection. 

Read  a letter  of  this  date  from  the  Collector  and  Comptroller 


72 


MASSACHUSETTS  PAPERS. 


of  the  Port  of  Boston,  wrote  on  Board  the  Ship  Romney. 
Signed  a Letter  to  Oapt.  Corner  of  his  Majesty’s  Ship  Romney. 

H.  H. 

Copy  of  the  Deposition  of  Thos.  Dirk,  Tidesman  in  the  Port  of  Bos- 
ton, dated  the  10//i  June,  1768. 

I Thomas  Kirk  of  Boston  do  declare  and  say,  that  being  ap- 
pointed one  of  the  Tidesmen  on  board  the  Sloop  Liberty,  Nathl. 
Barnard  Master  from  Madeira ; I went  on  board  the  said  vessel 
the  9th  day  of  May  last  in  the  afternoon,  and  about  9 o’clock 
in  the  Evening  Capt.  Marshall  came  on  board  the  same  vessel 
and  made  several  proposals  to  me  to  persuade  me  to  consent  to 
the  hoisting  out  several  Casks  of  Wine  that  Might  before  the 
Yessel  was  entered,  to  all  which  I peremptorily  refused;  upon 
which  Capt.  Marshall  took  hold  of  me,  and  with  the  assistance 
of  five  or  six  other  persons  unknown  to  this  Declarent,  they 
forcibly  hove  me  down  the  Companion  into  the  Cabin,  and 
nailed  the  Cover  down;  I then  broke  through  a door  into  the 
Steerage,  and  was  endeavouring  to  get  upon  Deck  that  way, 
but  was  forcibly  pushed  back  again  into  the  Steerage,  and  the 
Companion  Doors  of  the  Steerage  also  fastened,  and  was  there 
confined  about  Three  hours,  and  during  that  time  I heard  a 
noise  as  of  many  people  upon  Deck  at  work,  a hoisting  out  of 
goods,  as  I distinctly  heard  the  noise  of  the  Tackles ; when  that 
noise  ceased,  Capt.  Marshall  came  down  to  me  in  the  Cabin  and 
threatened  that  if  I made  any  discovery  of  what  had  passed 
there  that  night,  my  life  would  be  in  danger  and  my  property 
destroyed ; the  said  Capt.  Marshall  then  went  away,  and  let  me 
at  liberty ; and  I was  so  much  intimidated  by  the  aforesaid 
threatenings  that  I was  deterred  from  making  an  immediate 
discovery  of  the  aforesaid  transactions,  and  further  this  De- 
clarent saith  not. 

(Signed)  THOS.  KIRK. 

Suffolk,  ss.  Boston,  10th  June  1778,  the  above  named  Thos. 
Kirk  made  oath  to  the  above  written  affidavit  before  me. 

SAML.  PEMBERTON,  Just.  Peace. 


MASSACHUSETTS  PAPERS. 


73 


Copy  of  the  Deposition  of  Joseph  Harrison , Esq.,  Collector  of  the 
Customs  at  Boston,  dated  June  11,  1768. 

Joseph  Harrison,  Esq.,  Collector  of  his  Majesty’s  Customs  at 
Boston,  on  Oath,  declareth,  that  in  the  afternoon  of  the  10th 
Instant  between  the  hours  of  six  and  seven,  in  consequence  of 
an  information  of  some  illicit  practices’  having  been  committed 
on  board  the  Sloop  Liberty,  Capt.  Barnard,  lately  arrived  from 
Madeira,  he  went  to  Mr.  Hancock’s  wharf  and  made  seizure  of 
the  said  Vessel,  which  he  left  in  charge  of  an  officer  belonging 
to  his  Majesty’s  ship  the  Romney ; that  in  returning  to  his 
dwelling  House,  he  was  surrounded  and  insulted  by  a numerous 
Mob  in  a street  about  two  hundred  yards  from  the  said  wharf, 
and  was  by  them  pelted  with  Stones  and  dirt,  that  he  received 
several  blows  with  Sticks,  and  particularly  one  blow  on  the 
breast,  which  staggered  him  greatly  so  that  it  was  with  diffi- 
culty he  kept  himself  from  falling ; and  the  Deponent  verily 
believes,  that  if  a Person  had  not  pointed  out  to  him  a turning 
into  another  street,  whilst  the  Mob  were  surrounding  a House, 
that  the  Deponent’s  life  would  have  been  in  very  imminent 
danger.  That  the  Deponent  fearing  the  Mob  would  grow  more 
outrageous,  as  they  increased  in  numbers  took  refuge  in  a 
friend’s  House,  where  he  is  now  confined  to  his  bed,  and  where 
he  was  informed  that  his  House  had  been  attacked,  and  the 
Windows  broken,  and  that  a pleasure  boat  belonging  to  him 
had  been  dragged  up  from  the  water  side  to  the  Common,  and 
there  burnt  and  destroyed,  and  further  saith  not. 

(Signed)  JOSEPH  HARRISON. 

Suffolk,  ss.  Boston,  June  11th,  1768,  then  Joseph  Harrison 
Esq.,  made  Solemn  Oath  to  the  truth  of  the  above  written, 
subscribed  by  him  before  me. 

(Signed)  BELCHER  NOYES. 

Justice  O’  Peace. 


10 


MASSACHUSETTS  PAPERS. 


74 

Copy  of  the  Deposition  of  Benjamin  Hallowell , Bsq.,  Comptroller 
of  the  Customs  at  Boston. 

Benjn.  Hallowell  the  younger,  Comptroller  of  his  Majesty’s 
Customs  at  Boston,  on  Oath  declareth,  that  on  information  of 
frauds’  having  been  committed  on  board  the  Sloop  Liberty, 
Barnard  Master,  lately  arrived  from  Madeira  laying  at  Han- 
cock’s wharf,  he  went  with  the  Collector  in  the  afternoon  of 
the  10th  Instant,  between  the  hours  of  six  and  seven  o’clock, 
in  order  to  make  seizure  of  the  said  sloop,  which  they  effected 
and  delivered  into  the  charge  and  custody  of  an  officer  belong- 
ing to  his  Majesty’s  ship  the  Romney.  That  during  the  time 
of  the  seizure  and  delivery  of  said  sloop,  numbers  of  People 
collected  together,  amongst  which  were  Daniel  Malcolm,  John 
Matchet,  Capt.  Hopkins  and  others  unknown  to  this  Deponent. 
Malcolm,  Matchet  and  Hopkins  said  that  the  before  mentioned 
Sloop  should  not  be  taken  into  Custody  and  declared  they 
would  go  on  board,  and  throw  the  People  belonging  to  the 
Romney  overboard,  and  made  use  of  every  means  in  their 
power  to  interrupt  the  Officers  in  the  execution  of  their  Duty, 
— saying,  if  this  work  was  going  forward,  it  was  high  time  to 
begin,  and  these  people,  with  many  others,  swore  revenge  upon 
the  King’s  Officers,  holding  the  Vessel  by  the  Ropes  and  Sides, 
untill  she  was  forced  from  them. 

That  on  returning  towards  home,  this  Deponent  with  the 
Collector  and  his  son  were  surrounded  by  a numerous  Mob,  who 
threatened  them  with  many  speeches  that  they  would  throw 
them  overboard,  &c. — and  threw  Vollies  of  bricks  Stones  and 
Dirt  at  them,  this  Deponent  received  several  blows  on  the  head 
and  other  parts  of  the  body,  in  particular  one  on  the  right 
cheek,  and  another  upon  the  back  of  his  head,  of  a dangerous 
nature,  whereby  he  is  now  confined  to  his  House,  and  this  De- 
ponent verily  believes,  that  if  some  friendly  People  had  not 
interposed  and  rescued  him  from  the  fury  of  the  Mob,  that  he 
should  have  been  murdered  in  the  Street.  That  about  8 o’clock 


MASSACHUSETTS  PAPERS. 


75 


the  same  evening  this  Deponent’s  House  was  surrounded  by  a 
great  concourse  of  People,  who  broke  his  windows  and  endea- 
voured to  force  the  House  and  demanded  his  Person  to  give 
satisfaction  for  the  seizure  made  as  before  mentioned,  and  after 
remaining  for  about  three  Quarters  of  an  Hour  and  finding 
their  searches  for  him  in  vain,  they  dispersed,  and  further  saith 
not. 

(Signed)  BENJAMIN  HALLO  WELL,  Jun. 

Boston,  11  June  1768,  ss.  Sworn  to  the  same  day,  before 
EDMUND  QUINCEY,  Justice  of  Peace. 

Eichard  Acklow  Harrison,  Son  of  Joseph  Harrison,  Esq., 
Collector  of  his  Majesty’s  Customs  at  Boston,  on  Oath  declar- 
eth,  that  being  in  Company  with  his  Father  in  the  afternoon 
on  the  10th  Instant,  between  the  Hours  of  Six  and  Seven, 
when  he  made  seizure  of  the  Sloop  Liberty  lying  at  Hancock’s 
Wharf,  and  returning  homewards  with  him,  he  the  Deponent, 
was  surrounded  and  insulted  by  a numerous  Mob,  who  pelted 
him  with  Stones  and  Dirt,  and  threw  large  sticks  at  him;  they 
also  threw  him  down  and  dragged  him  by  the  Hair  of  his  head, 
and  otherwise  treated  him  in  a cruel  and  barbarous  manner, 
whereby  he  received  two  wounds,  one  in  his  leg  and  the  other 
in  his  arm,  and  put  him  in  imminent  danger  of  his  life,  and  had 
he  not  taken  refuge  in  a House  by  the  assistance  of  some 
friendly  people,  the  Deponent  verily  believes  that  he  should 
have  been  murdered,  in  the  Street,  and  further  saith  not. 

(Signed)  RICHARD  ACKLOW  HARRISON. 

Suffolk  Street,  Boston,  June  11,  1768.  Then  Mr.  Richard 
Acklow  Harrison  made  Solemn  Oath  to  the  truth  of  the  above 
written,  subscribed  by  him  before  me. 

(Signed)  BELCHER  NOYES, 
Justice  0.  Peace. 


76 


MASSACHUSETTS  PAPERS. 


Copy  of  the  Deposition  of  Thomas  Irving , Esq.,  Inspector  of  Im- 

ptorts  and  Exports. 

Honble.  Sirs: 

Considering  myself  in  some  respect  under  your  protection,  I 
beg  leave  to  lay  before  you  the  following  short  account  of  an 
attack  made  upon  my  person  last  Night.  Returning  by  myself 
from  the  end  of  long  wharf  in  the  Evening  about  Nine  O’clock, 
I was  attacked  by  a considerable  number  of  disorderly  People, 
who  after  laying  violent  hands  on  me,  demanded  if  I belonged 
to  the  Man  of  War  ? to  which  I answered  I did  not,  their  next 
question  was,  whether  I belonged  to  the  Board  of  Commission- 
ers ? which  I answered  in  the  affirmative,  they  then  began  to 
beat  me  with  Clubs,  Sticks,  &c.,  but  some  of  the  Ringleaders 
interposing  and  assuring  me  of  their  protection,  I walked  pretty 
quietly  up  amongst  them  to  that  part  of  the  Wharf  adjoining 
King  st.,  where  the  Mob  returning  with  me,  was  joined  by 
another  of  much  superior  numbers,  this  Mob,  after  dragging  me 
from  amongst  my  former  friends,  seized  me  by  the  Hair,  Arms, 
&c.,  whilst  others  were  beating  me  upon  the  head  with  Clubs, 
calling  out  to  murder  or  kill  me.  In  this  disagreeable  situation 
two  men  meanly  dressed  took  compassion  upon  me  and  with 
great  difficulty  pulling  me  from  amongst  the  Crowd,  got  me 
conveyed  through  a House  into  a back  yard,  and  from  thence 
into  another  House,  where  I remained  till  the  Mob  moved  on 
to  some  other  part  of  the  Town.  My  sword  I have  got  broke 
to  pieces  and  received  a few  slight  wounds. 

Thus  Honble.  Sirs,  you  have  the  particulars  of  this  affair  as 
nearly  as  I can  recollect ; at  the  same  time  humbly  craving  the 
state  of  this  case  may  be  laid  before  his  Majesty’s  Ministers, 
whose  protection  as  a subject  and  a Servant  of  the  Crown,  I 
flatter  myself  I am  intitled  to.  I am  with  the  greatest 
respect,  &c. 

(Signed)  THOS.  IRYING. 

Boston,  June  11,  1762. 


MASSACHUSETTS  PAPEES. 


77 


Suffolk  Street,  June  lltli,  1768. 

Personally  appeared  Thomas  Irving,  Esq.,  and  swore  that  the 
above  Deposition  by  him  subscribed  was  the  truth. 

(Signed)  BENJN.  HALLOWELL,  Jun. 

Justice  of  Peace. 


Boston,  lltli  June,  1768. 

Sir: 

His  Excellency  directs  me  to  acquaint  your  Honble.  Board, 
that  the  Council  was  just  up  when  he  rec’ed  your  letter,  but  that 
there  was  a Committee  appointed  of  Six  Gentlemen  of  the 
Board,  who  are  in  the  Commission  of  the  Peace  for  this  County, 
to  assist  him  in  making  inquiry  into  the  Disorders  of  the  last 
Evening,  in  order  to  ascertain  facts,  and  that  the  Governor  has 
appointed  Monday  Morning  Nine  O’clock  for  this  Business,  at 
the  Council  Chamber. 

I am,  Sir. 

Your  most  obedt’  hble  servt. 

(Signed)  ANDREW  OLIYER. 

Honble.  John  Robinson. 


COPY  OF  A LETTER  FROM  THE  COMMISSIONERS  OF  THE  CUSTOMS, 
AT  BOSTON,  TO  CT.  CORNER. 

Sir: 

Erom  the  outrageous  behaviour  of  the  People  in  this  place 
last  Night  towards  our  Officers,  and  the  present  appearance  of 
things,  we  are  persuaded  that  further  violence  is  intended,  and 
that  we  ourselves  are  the  Objects:  We  therefore  desire  Sir,  that 


78 


MASSACHUSETTS  PAPERS. 


you  will  order  a boat  to  take  us  on  board  bis  Majesty’s  Ship 
under  your  Command  to  shelter  us  from  Insult. 

We  are,  &c., 

HENRY  HALTON, 
WM.  BURCH, 

CHAS.  PAXTON, 
JOHN  ROBINSON. 

lltli  June,  1768. 


COPY  OF  A LETTER  FROM  THE  HON’BLE  COMMISSIONERS  OF  HIS 
MAJESTY’S  CUSTOMS  TO  GOVERNOR  BERNARD. 

Sir: 

As  we  found  by  Mr.  Secretary  Oliver’s  letter  yesterday,  that 
no  immediate  measures  were  taken  in  Council  for  securing  the 
Peace  of  the  Town,  tho’  there  was  the  strongest  reason  to  expect 
further  violences,  and  your  Excellency  acquainting  us,  that  you 
could  give  us  no  protection,  and  that  Boston  was  no  place  of 
Safety  for  us,  and  having  received  a verbal  message  from  the 
People  by  a person  of  Character  to  this  effect,  “ That  if  the 
Sloop  that  was  seized  was  brought  back  to  Mr.  Hancock’s 
AVkarf  upon  his  giving  security  to  answer  the  prosecution,  the 
town  might  be  kept  quiet,”  which  message  appearing  to  us  as 
a menace,  we  applied  to  Capt.  Corner  to  take  us  on  board  his 
Majesty’s  ship  under  his  Command,  where  we  now  are,  and 
being  this  day  further  informed,  that  some  of  the  Leaders  of  the 
People  had  persuaded  them  in  an  Harangue  to  desist  from  fur- 
ther outrage,  till  Monday  Evening  when  the  People  are  to  be 
left  to  use  their  own  discretion,  if  their  requisitions  are  not 
complied  with.  We  acquaint  your  Excellency  that  we  cannot 
consistent  with  the  honour  of  our  Commission  act  in  any  busi- 
ness of  the  Revenue,  whilst  under  such  an  influence,  and  think 
it  necessary  to  provide  for  our  future  security,  and  therefore 
request  your  Excellency  to  give  directions  that  the  Commis- 
sioners may  be  received  into  the  Castle,  and  that  they  may  have 


MASSACHUSETTS  PAPERS. 


79 


the  use  of  the  Accommodations  there  for  themselves,  their  Fami- 
lies and  the  Officers  of  the  Board ; and  that  Your  Excellency 
will  please  to  give  orders  for  their  protection  and  security  whilst 
they  may  remain  there. 

(Signed) 

JOHN  ROBINSON. 

H.  HULTON. 

W.  BURCH. 

C.  PAXTON. 

To  His  Excellency  Governor  Bernard. 

On  Board  His  Majesty’s  Ship  Romney,  12th  June,  1768. 


COPY  OF  A LETTER  FROM  THE  COLLECTOR  AND  COMPTROLLER  OF 

BOSTON  TO  THE  HON’BLE  COMMISSIONERS  OF  THE  CUSTOMS  AT 

BOSTON. 

Hon’ble  Sirs  : 

Agreeable  to  your  Honour’s  direction  we  laid  before  the  So- 
licitor Mr.  Lisle,  Thomas  Kirk’s  Deposition  relating  to  the  Sloop 
Liberty,  Capt.  Barnard,  from  Madeira,  on  which  from  the  facts 
and  circumstances  therein  related,  he  gave  his  opinion,  that  the 
said  Sloop  ought  to  be  seized,  in  consequence  of  which  and  of 
directions  given  us  by  the  Chairman  of  the  Hon’ble  Board,  we 
immediately  proceeded  to  make  seizure  of  the  said  Sloop 
Liberty,  then  laying  at  Mr.  Hancock’s  Wharf,  which  we  effected 
yesterday  about  7 o’clock  in  the  afternoon,  and  delivered  her 
into  the  hands  of  the  Master  of  his  Majesty’s  Ship  Romney,  who 
now  has  the  charge  of  her. 

We  are 

Your  Honours’ 

Most  Dutiful  and  most  Obed’t  Servt’s, 

JOS.  HARRISON,  Collector. 

BENJN.  HALLOWELL,  Comptroller, 

The  Hon’ble  the  Commiss’rs  of  his  Majesty’s  Customs. 

Custom  House,  Boston,  June  11,  1768. 


80 


MASSACHUSETTS  PAPERS. 


Romney,  12th  June,  Sunday,  4 o’clock. 

Gent’n  : 

As  chairman  I am  to  desire  that  you  will  immediately  draw 
up  and  deliver  to  the  Secretary  or  Mr.  Reeve  a written  Repre- 
sentation of  the  proposals  made  yesterday  for  restoring  the 
seizure  to  Mr.  Hancock  on  his  giving  security  for  the  value  in 
order  to  pacify  the  Town,  and  also  of  the  stipulations  that  were 
entered  into  last  Night  by  the  Principals  of  the  Mob  that  no 
further  outrage  should  be  committed  untill  to-morrow  Evening, 
that  they  might  have  the  Board’s  answer  to  the  Principals,  and 
you  are  to  express  the  same  in  the  most  full  and  clear  manner. 
You  shall  soon  hear  further  from  me,  on  the  subject  of  our 
conversation  last  night. 

I am  &c., 

(Signed)  JOHN  ROBINSON. 


COPY  OF  A LETTER  FROM  THE  COLLECTOR  AND  COMPTROLLER  OF 
BOSTON  TO  THE  CHAIRMAN,  JUNE  12th,  1768. 

Sir: 

We  beg  leave  to  inform  you  in  answer  to  your  Letter,  that 
the  Proposal  made  to  us  in  behalf  of  Mr.  Hancock  is,  that  the 
Sloop  Liberty  that  has  been  seized  and  now  under  the  protec- 
tion of  the  Romney  Man  of  War,  shall  be  returned  to  Mr. 
Hancock’s  Wharf  and  suffered  to  lie  there,  ’till  the  affair  is 
issued  in  the  Court  of  Admiralty  and  that  he  Mr.  Hancock, 
will  give  security  that  the  said  sloop  shall  be  forthcoming  and 
redelivered  to  us  in  Case  the  decree  shall  be  in  our  favour.  The 
substance  of  the  several  informations,  we  have  had  respecting 
the  Stipulations  in  behalf  of  the  Mob  is  that  a design  was 
formed  and  concerted  for  a general  Insurrection  or  Assembly 


MASSACHUSETTS  PAPERS. 


81 


last  Night,  ancl  in  consequence  thereof  large  numbers  of  people 
were  actually  gathered  together  and  regularly  formed  into 
Parties,  under  their  respective  Leaders  in  several  parts  of  the 
Town.  That  the  reason  given  for  this  proceeding  was  to  oblige 
by  force  those  concerned  in  the  seizure,  to  return  the  sloop 
Liberty  to  the  Wharf,  from  whence  she  had  been  taken.  As 
the  consequence  of  that  attempt  might  have  been  a general  out- 
rage or  a Pillage  of  every  Person  concerned  in  the  Customs, 
and  of  those  who  are  accounted  their  friends  and  abettors,  it 
has  alarmed  several  Gentlemen  of  the  Town,  and  induced  them 
to  make  the  proposals  above  mentioned  for  returning  the  sloop 
to  Mr.  Hancock’s  Wharf,  and  to  give  time  for  a negotiation  to 
that  purpose  it  was  stipulated  writh  the  Principal  Leaders  and 
Managers  of  the  Mob,  that  no  further  outrages  should  be  com- 
mitted, but  that  the  People  should  remain  quiet,  till  Monday 
Night,  which  was  the  longest  term  that  could  be  obtained  of 
them.  It  appears  evident  to  us  that  a plan  for  an  Insurrection 
of  a very  dangerous  and  extensive  nature  has  long  been  in 
agitation  and  now  brought  nearly  to  a crisis ; and  that  to  put 
in  execution,  there  vras  only  wanting  some  step  to  be  taken  by 
the  officers  of  the  Customs  that  might  be  made  a handle  of,  to 
inflame  the  minds  of  the  People,  which  this  seizure  has  furnish- 
ed them  with.  Upon  the  whole  we  can  only  observe  that  as 
the  powers  of  Government  in  this  Country  are  in  so  weak  and 
enervated  a state,  and  that  the  Mob  by  what  we  can  learn  [is] 
determined  upon  their  point,  we  should  consider  it  as  a measure 
of  Policy  in  the  present  Dilemma,  to  take  Mr.  Hancock’s  secu- 
rity, and  release  the  Sloop  for  the  preservation  of  the  Officers 
and  tranquillity  of  the  Town,  which  we  have  reason  to  believe 
would  otherwise  be  greatly  endangered.  We  are  sir,  with 
great  respect 

Your  most  Obedt.  and  most  hble  Servt. 

JOS.  HARRISON,  Collector. 

BENJN.  HOLLOWELL,  Comptroller. 

To  the  Honble.  John  Robinson,  Esq. 

11 


82 


MASSACHUSETTS  PAPERS. 


Gentlemen : 

In  consequence  of  tlie  Intelligence  you  have  given  us,  we 
think  it  absolutely  necessary  to  direct  you  to  convey  all  the 
money  in  your  Custody  belonging  to  the  Crown,  in  the  Boat 
herewith  sent  you,  in  order  that  it  may  be  deposited  in  the 
Romney  for  safe  Custody. 

(Signed) 

JOHN  ROBINSON, 
HENRY  IIULTON, 
WM.  BTJRCH. 

To  the  Collector  and  Comptroller,  Boston. 

Romney,  June  13,  1768.  Monday,  3 o’clock  Morning. 


COPY  OF  A LETTER  FROM  GOV’R  BERNARD  TO  THE  COMMISSIONERS 
OF  THE  CUSTOMS. 

Council  Chamber,  13th  June,  1768,  Forenoon. 

Gentlemen  : 

Having  communicated  your  letter  of  the  12th  Instant  to  the 
Council  they  observe  with  concern  that  you  say  “that  no  im- 
mediate measures  were  taken  in  Council  for  securing  the  Peace 
of  the  Town,  tho’  there  was  the  strongest  reason  to  expect 
further  violences,”  they  cannot  but  apprehend  that  this  sen- 
tence if  it  should  pass  unnoticed,  must  tend  to  charge  them 
with  a neglect  of  their  Duty  in  not  advising  me  to  take  proper 
measures  for  preserving  the  Peace  of  the  Town,  they  have 
therefore  desired  me  to  acquaint  you  that  during  the  setting  of 
the  Council  on  Saturday  Morning,  so  far  from  their  having  the 
strongest  reason  to  expect  further  violences,  there  was  no 
reasou  at  all  given  for  such  expectation,  and  there  was  no  ap- 
prehension either  in  the  Governor  or  Council  of  an  immediate 


MASSACHUSETTS  PAPERS. 


83 


danger  of  further  violences.  It  was  therefore  the  general  opin- 
ion that  they  might  take  time  to  ascertain  the  facts  of  the  Riot 
on  Friday  Evening  before  they  proceeded  to  order  the  bringing 
the  offenders 'to  justice,  or  to  prevent  the  like  offences  for  the 
future.  I have  this  morning  informed  them  of  the  present 
apprehension  of  further  violences,  and  they  are  now  taking  the 
same  into  consideration. 

I am 

Gentlemen,  &c. 

(Signed)  FRANCIS  BERNARD. 

To  the  hon’ble  the  Commiss’rs  of  the  Customs. 


COPY  OF  THE  COMMISSIONERS’  LETTER  TO  CAPT.  CORNER,  DATED 
ROMNEY,  13th  JUNE,  1768. 

Sir: 

As  the  officers  of  the  Customs  and  our  Servants  in  Boston 
are  exposed  to  the  utmost  outrages  from  the  violence  of  the 
People.  We  desire  you  would  board 

his  Majesty’s  Ship  under  your  Command,  to  such  of  them  as 
may  take  the  benefit  of  that  protection,  and  you  will  please  to 
issue  orders  for  their  being  received  and  victualled. 

We  are,  &c. 

(Signed) 

HENRY  HULTON, 

J.  TEMPLE, 

W.  BURCH, 

CHAS.  PAXTON, 
JOHN  ROBINSON. 

To  Capt.  Corner,  Commander  of  his  Majesty’s  Ship  the 
Romney. 


84 


MASSACHUSETTS  PAPERS. 


COPY  OF  A LETTER  FROM  THE  COMMISS’RS  OF  THE  CUSTOMS  IN 
BOSTON  TO  GOY.  BERNARD. 

Sir: 

When  jour  Excellency  met  in  Council  last  Saturday,  we 
were  in  hopes  to  have  heard  that  effectual  measures  would 
have  been  taken  to  aid  and  protect  us,  and  our  officers  in  car- 
rying on  the  Service  of  the  Revenue  and  for  preserving  the 
Peace  of  the  Town ; but  were  much  surprised  to  find  that  a 
Committee  was  only  appointed  to  ascertain  the  facts  attending 
the  tumult  of  the  preceding  Night,  and  that  your  Council  was 
not  to  sit  again  till  this  Night. 

On  Saturday  Afternoon  finding  ourselves  utterly  insecure  in 
Town,  the  major  part  of  us  were  obliged  to  seek  for  an  Asylum 
where  we  now  sit  as  a Board,  being  persuaded  of  the  danger  of 
attempting  to  proceed  in  our  Duty  in  Town. 

The  disorders  of  the  Town  we  are  sorry  to  observe,  are  in- 
creasing to  such  an  enormous  pitch,  as  to  give  it  the  appear- 
ance more  of  an  Insurrection  than  a Riot,  and  we  find  our- 
selves obliged  to  apply  to  your  Excellency  to  grant  us  such  aid 
aqd  protection,  as  may  enable  us  and  our  officers  to  proceed  in 
our  Duty;  and  that  we  may  be  in  some  degree  enabled  to 
judge  whether  the  aid  and  protection  you’ll  think  proper  to 
grant  will  be  adequate  to  the  distresses  and  embarrassed  state 
of  the  Service;  we  must  request  that  you  will  let  us  know, 
what  kind  of  aid  and  protection  we  may  expect  to  receive. 

(Signed) 

HENRY  HTJLTON, 

J.  TEMPLE, 

W.  BURCH, 

C.  PAXTON, 

J.  ROBINSON. 

On  board  His  Majesty’s  Ship  Romney,  13th  June,  1768. 


MASSACHUSETTS  PAPERS. 


85 


Jamaica  Plain,  June  13th.,  1768. 

Gentlemen  : 

I am  very  sorry  that  you  think  yourselves  so  much  in  dan- 
ger in  Boston,  as  to  make  it  unsafe  for  you  to  reside  there.  As 
you  judge  it  necessary  to  your  security  to  resort  to  the  Castle, 
I hereby  enclose  orders  to  the  Capt’n  of  the  Castle  to  receive 
you  and  your  Families  and  the  officers  of  your  Board,  and  to 
accommodate  you  there,  and  to  give  you  all  the  protection  and 
security  in  his  power. 

I am,  Gentlemen, 

Your  most  obed’t  humble  serv’t, 

FRANCIS  BERNARD. 

To  the  Hon’ble  the  Commiss’rs  of  his  Majesty’s  Customs. 


Boston,  13th  June,  1768. 

Gentlemen: 

In  answer  to  that  part  of  your  Letter  of  this  day,  where  in 
you  desire  me  to  grant  you  such  aid  and  protection  as  may 
enable  you  and  your  officers  to  proceed  in  your  Duty,  I can 
only  inform  you,  that  after  several  hours’  deliberation  of  the 
necessity  of  taking  some  measures  to  preserve  the  Peace  of  the 
Town,  and  what  those  measures  should  be,  the  Council  have 
come  to  a Resolution  that  as  there  appears  to  be  no  immediate 
danger  of  further  violence,  they  are  of  opinion,  that  it  would 
be  best  to  refer  this  matter  to  the  consideration  of  a Committee 
of  both  Houses.  I therefore  cannot  at  present  let  you  know 
what  kind  of  aid  and  protection  you  may  expect  to  receive. 

I am,  Gent’n, 

Your  most  obed’t  humble  serv’t, 

FRANCIS  BERNARD. 

To  the  Hon’ble  the  Commiss’rs  of  his  Majesty’s  Customs. 


86 


MASSACHUSETTS  PAPERS. 


COPY  OF  A LETTER  TO  THE  COMMISS’RS  FROM  THE  COLLECTOR  AND 

COMPTROLLER  OF  BOSTON,  DATED  ON  BOARD  THE  ROMNEY,  14tli 

JUNE,  1768. 

Hon’ble  Sirs: 

The  Depositions  which  we  laid  before  your  Honours  on  the 
lltli  Instant,  concerning  the  outrageous  manner  in  which  we 
were  attacked  and  treated  on  the  preceding  Evening,  after 
making  seizure  of  the  Sloop  Liberty  belonging  to  Mr.  Hancock, 
will  best  describe  what  happened  on  that  occasion  and  by  our 
Letter  of  the  12th,  your  Honours  will  have  observed  the  in- 
flamed temper  of  the  People,  and  the  Stipulations  that  were 
demanded  for  a truce  untill  the  Monday,  after  which  period 
they  seemed  determined  to  take  their  own  measures  for  redress, 
the  event  however  has  manifested  that  the  peace  and  tranquil- 
lity of  the  Town  was  not  the  object  they  meant  to  seek  after, 
for  no  assurance  was  sent  on  the  part  of  Mr.  Hancock  either 
verbally  or  in  writing,  that  he  would  agree  to  any  Stipulations 
for  the  redelivery  of  the  Sloop,  and  we  are  of  opinion,  that  it 
was  no  part  of  their  design  to  let  go  this  plea  for  breaking  out 
into  open  violence.  After  the  ruffian  treatment  we  had  expe- 
rienced on  the  Friday  Evening,  merely  for  executing  our  Duty, 
the  Stipulation  broke  through  knowing  the  perverseness  of  the 
People,  and  the  temper  of  the  times,  our  lives  threatened  and 
hearing  that  even  your  Honors  had  been  obliged  to  seek  refuge 
on  board  his  Majesty’s. ship  in  the  Harbour;  our  own  safety 
became  a consideration  of  a very  serious  nature.  The  Collector 
has  had  an  intimation,  that  he  would  be  laid  hold  of  by  way  of 
reprisal,  and  the  inveteracy  against  the  Comptroller  is  so  gene- 
ral and  confirmed,  that  they  have  both  been  obliged  to  leave 
the  Town,  and  seek  for  an  Asylum  from  the  fury  of  a dis- 
tracted and  enraged  multitude.  The  business  of  the  Collector 
is  left  in  charge  of  his  Deputy,  Mr.  Sheaffe,  and  the  Comp- 
troller’s with  his  Clerk,  both  capable  of  duly  executing  their 


MASSACHUSETTS  PAPERS. 


87 


respective  Offices,  so  long  as  any  officer  belonging  to  tbe  Cus- 
toms shall  be  suffered  to  remain  in  this  place,  but  it  is  with 
deep  concern  that  we  acquaint  your  Honours  of  wbat  we  bear 
repeatedly  from  all  quarters,  wbicb  is  that  a general  spirit  of 
Insurrection  prevails,  not  only  in  tbe  Town,  but  throughout 
the  whole  Province ; and  when  we  reflect  on  what  has  passed 
before,  we  fear  it  has  too  much  the  air  of  Truth. 

We  are,  &c. 

(Signed) 

JOSEPH  HARRISON, 
BENJ’N  HALLOWELL. 


COPY  OF  A LETTER  FROM  THE  PION’BLE  COMMISS’RS  OF  THE  CUS- 
TOMS AT  BOSTON  TO  COMMODORE  HOOD. 

Sir: 

Finding  it  utterly  impossible  to  carry  on  the  business  of  the 
Revenue  in  the  Town  of  Boston  from  the  outrageous  behaviour 
of  the  People,  who  grossly  abused  and  wounded  the  Collector 
and  Comptroller,  and  other  officers  in  the  execution  of  their 
Duty,  on  the  10  Instant,  and  still  continue  to  threaten  their 
and  our  lives,  we  took  shelter  on  board  his  majesty’s  ship 
Eomney,  and  desired  Capt.  Corner  to  put  us  on  shore  at  Castle 
William,  where  we  now  are,  and  at  our  request  Capt.  Corner 
will  continue  near  to  the  Castle  for  our  protection. 

The  ferment  amongst  the  People  has  greatly  increased  since 
the  10  Instant,  and  we  are  persuaded  that  their  Leaders  will 
urge  them  to  the  most  violent  measures  even  to  open  revolt; 
for  one  of  their  Demagogues  in  a Town  Meeting  yesterday, 
said,  if  they  were  called  on  to  defend  their  Liberties  and  Privi- 
leges, he  hoped  and  believed  they  would  one  and  all  resist, 
even  unto  blood. 

What  steps  the  Governor  and  his  Council  may  take,  we  can- 


MASSACHUSETTS  PAPERS. 


not  tell ; but  having  applied  to  them  we  have  not  rec’ed  any 
assurances  of  protection  and  we  are  persuaded  the  Gov’r  will 
not  apply  for  Troops,  without  the  advice  of  his  Council,  which 
measure- we  do  not  imagine  they  will  recommend;  and  we  now 
wish  Sir,  to  acquaint  you  of  the  very  alarming  state  of  Things 
in  Boston,  and  to  desire  you  will  give  us  such  further  protec- 
tion as  you  may  be  able  to  afford  us,  in  the  present  Exigency. 

J We  are,  &c. 

(Signed) 

HENRY  HULTON, 

J.  TEMPLE, 

WM.  BURCH, 

CHAS.  PAXTON, 
JOHN  ROBINSON. 


Saml.  Hood,  Esq. 

Castle  William,  Boston  Harbour,  15th  June,  1768. 


COPY  OF  A LETTER  FROM  THE  COMMISS’RS  OF  CUSTOMS  AT  BOSTON 
TO  HIS  EXCELLENCY  GENERAL  GAGE  AT  NEW  YORK  AND  TO 
COLONEL  DALRYMPLE  AT  HALIFAX. 

Sir: 

Finding  it  utterly  impossible  to  carry  on  the  business  of  the 
Revenue  in  the  Town  of  Boston  from  the  outragious  behaviour 
of  the  People  who  grossly  abused  and  wounded  the  Collector 
and  Comptroller  and  other  officers  in  the  execution  of  their 
Duty  on  the  10  Instant  and  still  continue  to  threaten  their  and 
our  lives,  we  took  shelter  on  board  his  majesty’s  ship  Rom- 
ney and  desired  Capt.  Corner  to  put  us  on  Shore  at  Castle  Wil- 
liam. where  we  now  are,  and  Capt.  Corner  at  our  request  will 
continue  near  to  the  Castle  for  our  protection.  The  ferment 
among  the  People  has  greatly  increased  since  the  10  Instant, 
and  we  are  persuaded  that  their  Leaders  will  urge  them  to  the 


MASSACHUSETTS  PAPERS. 


89 


most  violent  measures,  even  to  an  open  revolt,  for  one  of  tlieir 
Demagogues  in  a Town  Meeting  yesterday,  said  if  they  were 
called  on  to  defend  their  liberties  and  Priviledges,  he  hoped 
and  believed  they  would  one  and  all  resist,  even  unto  blood. 
What  steps  the  Governor  and  his  Council  may  take,  we  cannot 
tell,  but  having  applied  to  them,  we  have  received  no  assurance 
of  protection;  and  we  are  persuaded  the  Governor  will  not 
apply  for  Troops,  without  the  advice  of  his  Council  which 
measure  we  do  not  imagine  they  will  recommend,  and  we  now 
write  Sir  to  acquaint  your  Excellency  of  the  very  alarming 
state  of  things  at  Boston,  and  leave  it  to  your  judgment  to  act 
as  you  shall  think  proper,  for  the  honour  of  the  Crown  and 
protection  of  its  Servants  here  in  the  present  exigency. 

Sent  to  his  Excellency  General  Gage  at  blew  York  and  to 
Colonel  Dalrymple  at  Halifax. 

Castle  William,  Boston  Hakbouk,  15  June,  1768. 


Boston,  14th  June,  1768,  6 o’clock  P.  M. 

Hon’ble  Gentlemen  : 

At  3 o’clock  this  afternoon  there  was  a very  numerous  meet- 
ing of  the  Inhabitants  of  the  Town  of  Boston  at  Faneuil  Hall 
when  James  Otis,  Esq.  was  chosen  Moderator,  but  before  he 
came  to  the  Hall,  a motion  was  made  to  exclude  the  Tide 
Waiters  from  being  present,  several  of  them  being  then  in  the 
meeting,  but  ’twas  objected  to  as  having  no  right  to  such  a 
proceeding,  and  that  it  would  be  best,  every  one  should  hear 
what  was  to  be  offered,  when  the  Moderator  came,  he  was 
ushered  into  the  Hall  by  an  almost  universal  clap  of  hands; 
by  this  time  the  Hall  being  quite  full  and  a great  number 
being  outside,  the  meeting  was  adjourned  from  the  Hall  to 
Doctor  Sewal’s  Meeting  House,  as  being  much  larger  for  that 
purpose;  the  doors  of  the  Meeting  House  were  soon  opened 
12 


90 


MASSACHUSETTS  PAPERS. 


and  the  People  crowded  in,  when  silence  being  called,  a motion 
was  made  that  a paper  in  the  Hands  of  one  of  the  Selectmen 
might  be  read,  which  was  a Petition  of  the  Inhabitants  of  the 
Town  of  Boston  to  his  Excellency  Governor  Bernard,  in  which 
was  represented  the  difficulties  and  burthens  the  Town  labours 
under,  in  particular  with  regard  to  his  Majesty’s  Ship  Romney, 
now  in  our  Harbour,  and  praying  his  Excellency  would  cause 
the  said  ship  to  be  removed : and  a Committee  of  21  Persons 
was  chosen  to  wait  on  his  Excellency  the  Governor,  immedi- 
ately at  his  seat  at  Roxbury,  with  the  aforesaid  Petition,  and 
the  said  Committee  are  gone  accordingly.  In  the  said  Petition 
complaint  was  also  made  of  the  unlimited  power  of  the  Board 
of  Commissioners  and  other  grievances,  notwithstanding  little 
else  was  said  about  the  Board  of  Commiss’rs  or  the  Riot  that 
happened  last  Friday  Evening.  A motion  was  then  made,  that 
the  meeting  be  adjourned  till  to-morrow  afternoon  4 o’clock, 
which  was  agreed  to  by  a large  majority,  the  Moderator  first 
making  a speech  to  the  Inhabitants,  strongly  recommending 
peace  and  good  order,  and  the  grievance  the  People  labour 
under  might  in  time  be  removed,  if  not,  and  we  were  called  on 
to  defend  our  liberties  and  priviledges,  he  hoped  and  believed 
we  should  one  and  all  resist  even  unto  Blood ; but  at  the  same 
time  prayed  Almighty  God  it  might  never  so  happen.  After 
the  meeting  People’s  minds  seemed  somewhat  easy.  All 
inaccuracies  we  hope  will  be  overlooked,  and  we  shall  take 
due  care  to  inform  you  Hon’ble  Gentlemen  of  everything  in 
our  power  conducive  to  his  Majesty’s  Service,  which  it  ever 
has  been,  and  we  humbly  beg  leave  to  say  ever  shall  be  our 
sincere  wish  at  least  is  so  to  do. 

G who  was  on  board  of  his  Majesty’s  Ship  Romney 

in  the  forenoon. 


MASSACHUSETTS  PAPERS. 


91 


COPY  OF  A LETTER  FROM  COMMODORE  HOOD  TO  THE  HONORABLE 
COMMISSIONERS  OF  HIS  MAJESTY’S  CUSTOMS  AT  BOSTON. 

Gentlemen: 

I have  received  your  two  letters  of  tlie  15th  and  18th,  and 
am  very  sorry  that  affairs  at  Boston  wear  so  unsatisfactory  an 
aspect.  I have  ordered  the  Beaver  to  return  immediately,  as 
well  as  the  Saint  Lawrence  Schooner,  and  if  you  think  further 
naval  forces  essentially  necessary  for  carrying  on  the  King’s 
Business,  I shall  be  happy  in  sending  it  to  the  utmost  of  my 
power  on  the  first  application.  At  present  I have  only  a forty 
gun  ship,  wholly  unrigged  and  under  repairs,  but  am  in  daily 
expectation  of  three  or  four. 

I am,  &c. 

(Signed)  SAM.  HOOD. 

Commissioners  of  Customs,  Boston. 


COPY  OF  A LETTER  FROM  COLONEL  DALRYMPLE  TO  THE  HON’BLE 
THE  COMMISSIONERS  OF  THE  CUSTOMS  AT  HALIFAX,  JUNE  23,  1768. 

The  immediate  return  of  his  majesty’s  ship  Beaver  only 
allows  me  to  acknowledge  the  honor  of  the  letter  from  your 
hon’ble  Board,  dated  June  loth,  as  well  as  the  receipt  of  some 
other  papers,  occasioned  by  the  late  outrageous  proceedings  at 
Boston.  My  feelings  as  a man  joined  with  those  of  a servant 
of  the  crown,  are  deeply  affected  on  this  occasion,  and  I am 
very  unhappy  at  not  being  able  to  give  you  instant  and  effec- 
tual relief,  but  the  Board  may  rely  entirely  on  my  performing 
the  part  that  my  situation  enables  me  to  do,  which  is  the  hold- 


92 


MASSACHUSETTS  PAPERS. 


ing  reacty,  at  a minute’s  warning,  tlie  whole  of  the  Troops 
under  my  command,  to  act  in  obedience  to  any  order  or  in 
compliance  with  any  Requisition  given  or  signified  to  me  by 
Superiors,  and  I trust  that  should  there  be  unhappily  occasion, 
the  few  here  is  more  than  sufficient  to  compel  all  those  who 
shall  dare  to  resist  lawful  authority,  to  act  in  a manner  more 
becoming  good  Subjects. 

I shall  at  all  times  esteem  it  honor  to  prove  myself, 
Gentlemen,  your  most  humble  and 

most  obedient  servant, 

(Signed)  W.  DALRYMPLE. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  papers. 

JNO.  SPEED. 


COPY  OF  A LETTER  FROM  GENERAL  GAGE  TO  THE  COMMISSIONER 

OF  THE  CUSTOMS  AT  BOSTON,  DATED  NEW  YORK,  JUNE  21, 1768. 

Gentlemen  : 

I am  seriously  concerned  to  learn  by  your  letter  of  the  15th 
instant,  delivered  to  me  by  Mr.  Elliot,  Collector  of  this  Port, 
that  the  turbulent  state  of  affairs  in  the  City  of  Boston  has  laid 
you  under  the  necessity  to  take  shelter  at  Castle  William,  and 
to  have  occasion  for  the  Aid  of  his  Majesty’s  Forces.  My  In- 
clination would  lead  me  to  order  Troops  to  march  immediately 
for  your  protection,  but  you  must  be  sensible  that  it  would  be 
highly  improper  for  me  to  order  Troops  into  a Province  for 
the  purpose  of  quelling  Riots,  unless  application  should  be  first 
made  to  that  end  by  the  civil  power.  I have  yet  heard  nothing 
on  the  subject  from  Governor  Bernard,  who  must  be  best 


MASSACHUSETTS  PAPERS. 


93 


acquainted  with,  the  situation  of  affairs  in  his  province  and  the 
properest  judge  how  far  such  a measure  would  be  expedient 
and  necessary. 

The  moment  he  applys  to  me  for  the  aid  of  the  King’s 
Forces  to  support  His  Majesty’s  Government,  on  this  or  any 
other  occasion,  they  shall  move  to  his  assistance  with  as  much 
despatch,  as  it  shall  be  possible  for  them  to  do,  and  as  many  of 
them  as  he  can  in  reason  demand.  I have  the  honor  to  be  with 
Great  Regard, 

Gentlemen,  &c. 

(Signed)  THOMAS  GAGE. 

Commissioners  of  His  Majesty’s  Customs,  North  America. 


LETTER  FROM  THOMAS  CUSHING  TO  DENNIS  DE  BERDT. 


Province  of  the  Massachusetts  Bay, 
June  30,  1768. 


Sir: 

The  House  of  Representatives  of  the  21  of  June  last  received 
a message  from  his  Excellency,  Governor  Bernard,  wherein  a 
Requisition  was  made  by  his  Majesty’s  order  that  we  should 
immediately  rescind  the  Resolution  of  the  last  House  to  trans- 
mit circular  Letters  to  the  other  British  Colonies  on  the  Conti- 
nent of  North  America,  barely  intimating  a Desire  that  they 
would  join  in  similar  dutiful  and  loyal  Petition  to  our  most 
gracious  Sovereign,  for  the  redress  of  the  grievances  occasioned 
by  Sundry  Acts  of  Parliament  calculated  for  the  sole  purpose 
of  raising  a Revenue  in  America.  The  House  have  maturely 
considered  this  Message,  and  I now  enclose  you  by  their  order, 
Copies  of  their  proceedings  thereupon  as  also  a letter  the  House 


94 


MASSACHUSETTS  PAPERS. 


have  wrote  to  Lord  Hillsborough  upon  this  subject,  which  the 
House  desire  you  would  deliver  to  that  noble  Personage.  By 
order  of  the  House,  I also  enclose  you  a Copy  of  their  letter  to 
Lord  Hillsborough,  which  you  may  make  such  improvement  of 
as  you  may  think  will  be  for  the  advantage  of  the  Province. 

In  the  name  and  behalf  of  the  House  of  Representatives  I 
Am  with  respect,  Your  most  humble  Servt. 

THOMAS  CUSHING,  Speaker. 

To  Dennys  De  Beedt,  Esq. 


COPY  OP  A LETTER  FROM  THE  COMMISSIONERS  OP  THE  CUSTOMS 
AT  BOSTON  TO  THE  LORDS  COMMISSIONERS  OF  HIS  MAJESTY’S 
TREASURY. 

May  it  please  your  Lordships : 

In  our  memorial  of  the  16th  June,  we  represented  the  situa- 
tion we  were  then  in  and  laid  before  your  Lordships  sundry 
papers  relative  thereto,  and  our  proceedings  thereon,  and  we 
now  transmit  copies  of  Letters  we  received  from  General  Gage 
at  New  York,  and  Commodore  Hood  and  Colonel  Dalrymple 
in  answer  to  our  Letters,  copies  of  which  were  inclosed  in  the 
fore  mentioned  papers. 

His  Majesty’s  Ship  Romney  and  Sloops  the  Beaver  and 
Senegal,  with  two  schooners,  are  now  in  this  harbor  and  this 
protection  afforded  us  by  Commodore  Hood,  has  been  the  most 
•seasonable,  as  without  them  we  should  not  have  considered 
•our  selves  in  safety,  nor  his  Majesty’s  Castle  secured  from  fall- 
ing into  the  hands  of  the  people. 

The  inconveniences  we  are  exposed  to  we  bear  with  cheer- 
fulness and  beg  leave  to  assure  your  Lordships  that  no  diffi- 
culties shall  abate  our  zeal  in  the  service,  but  it  is  impossi- 
ble for  us  to  set  foot  in  Boston,  untill  there  are  two  or  three 


MASSACHUSETTS  PAPERS. 


95 


Regiments  in  the  town  to  restore  and  support  Government,  and 
further  represent  that  the  Castle  being  so  situated  on  a small 
Island  in  the  Bay,  about  a League  from  the  Town  will  render 
our  situation  any  longer  than  the  Summer  months  insupport- 
able. We  therefore  pray  your  Lordships  that  orders  may  be 
given  for  our  residence  and  protection  before  the  Winter  which 
is  humbly  submitted. 

JOHN  ROBINSON, 
HENRY  HULTON, 
WILL.  BURCH, 

CHAS.  PAXTON. 

Castle  William,  Boston  Harbor,  11  July,  1768. 


LETTER  FROM  GOV,  BERNARD  TO  [THE  EARL  OF  HILLSBOROUGH.} 

Boston,  July  20tli,  1768. 

My  Lord  : 

Since  the  first  beginning  of  the  Troubles  of  this  Town  to  the 
present  Time  I have  frequently  represented  to  your  Lordship’s 
Office  the  Impracticability  of  my  applying  for  Troops  either  for 
the  Support  of  the  Authority  of  the  Government  or  the  power 
of  the  Magistracy,  both  of  which  have  been  continually  Insult- 
ed and  made  contemptible  for  near  three  years  past.  The  great 
difficulty  which  has  attended  this  measure  has  been  that  I could 
by  no  means  get  the  Council  to  advise  or  concur  in  it,  and  nei- 
ther by  the  due  consideration  of  my  instructions  and  the  Rule 
of  other  Governments,  nor  by  the  Terms  of  this  Government 
where  the  Governor  is  more  connected  with  and  restrained  by 
the  Council  than  in  the  Governments  which  are  merely  Roya], 
did  I think  myself  authorized  to  introduce  Troops  into  a Town 
not  used  to  them  upon  my  own  opinion  only  and  contrary  to 
that  of  the  Council  whom  I am  directed  to  consult  and  advise 


96 


MASSACHUSETTS  PAPERS. 


with  in  all  matters  of  Importance,  and  I have  never  imagined 
that  it  would  he  expected  of  me  that  I should  separate  myself 
from  the  Council  upon  this  occasion  and  make  myself  solely 
answerable  for  the  consequence  of  the  Introducing  them,  espe- 
cially as  I have  always  understood  that  the  intention  of  the 
Administration  was  that  all  appearances  of  forcible  and  com- 
pulsive measures  should  be  avoided,  and  as  I have  constantly 
sent  home  accounts  of  all  occurrences  which  could  influence 
this  question,  I have  concluded  that  a change  of  measures  must 
originate  at  Westminster,  and  that  the  first  orders  for  quarter- 
ing Troops  at  Boston  would  come  from  thence. 

In  my  Letter  to  the  Earl  of  Shelburne,  No.  8,  of  the  year 
past,  I treat  this  subject  particularly  as  it  relates  to  the  Com- 
missioners of  the  Customs.  In  my  Letter  to  your  Lordship 
No.  6,  which  gives  an  account  of  the  Riot  of  June  10th  and 
the  Commissioners  leaving  the  Town,  I inform  of  what  passed 
between  me  and  the  Council  concerning  sending  for  Troops ; 
from  which  it  will  appear  to  what  little  purpose  it  is  to  put  a 
question  upon  the  Subject  to  the  Council,  however  this  busi- 
ness is  now  brought  to  such  a crisis,  that  I could  no  longer 
avoid  putting  such  question  in  form.  It  has  become  necessary 
to  my  own  Justification  and  acquitting  me  of  the  Consequences, 
if  any  bad  should  arise  of  this  Town’s  remaining  destitute  of 
Troops,  and  to  give  an  account  of  this  Transaction  is  the  busi- 
ness of  this  letter.  On  the  2d  of  July  I received  a Letter  from 
Gen’l  Gage  with  two  Packets  for  Col.  Dalrymple  at  Halifax 

inclosed,  informing  me  that  he  had  received 

[A  line  destroyed] 

order  to  the  Commanding  Officer  at  Halifax  for  Troops,  if  they 
were  wanted  at  Boston.  I sent  both  Letters  away  and  wrote  to 
Gen’l  Gage  setting  forth  the  reasons  why  I could  not  apply  for 
Troops,  but  that  I had  sent  the  Letters  forward,  for  tho’  I 
thought  it  improper  for  me  to  require  Troops,  it  was  full  as 
improper  for  me  to  prevent  their  coming,  if  they  were  other- 
wise ordered.  In  answer  to  this,  the  Gen’l  has  sent  me  a Copy 


MASSACHUSETTS  PAPEKS. 


97 


of  the  Letter  to  Col.  Dalrymple,  by  •which  I am  informed  that 
the  orders  to  him  are  only  to  collect  the  Troops  together,  but 
not  to  embark  them  ’till  they  are  required  by  me.  I have 
thereupon  wrote  to  the  Genl.  that  if  the  Troops  are  not  to 
move  from  Halifax  ’till  I require  them,  they  are  like  to  con- 
tinue there,  for  I cannot  think  it  proper  for  me  to  make  such  a 
requisition  without  the  advice  of  the  Council,  and  there  was  no 
probability  of  my  obtaining  such  advice;  however,  I would  lay 
it  before  the  Council.  I have  been  less  explicit  on  these  Let- 
ters, as  I shall  inclose  copies  of  them. 

On  Saturday  July  23d,  I held  a Council,  when  having  in  part 
opened  the  matter  I had  for  their  consideration,  they  advised 
that  in  regard  to  the  importance  of  the  Business  I would  order 
all  the  Council  who  lived  within  a day’s  Journey  of  Boston  to 

be  summoned  to  meet  on  the  Wednesday 

Line  lost 

till  then.  On  Wednesday  the  27tli,  fourteen  met  and  we  pro- 
ceeded to  business  that  day  and  Friday  following.  As  the 
Minutes  of  the  Council  are  extended,  more  than  ordinarily,  they 
will  be  sufficient  to  explain  what  was  done.  There  was  some 
altercation  that  was  scarce  worth  remembering,  but  I am  obliged 
to  take  notice,  that  I observed  with  concern  that  the  popular 
spirit  upon  this  occasion  showed  itself  higher  in  the  Council 
than  I had  known  it  heretofore,  and  my  endeavouring  to  mode- 
rate it  subjected  me  to  treatment  different  from  what  I have 
been  used  of  late  to  receive  from  the  Board.  But  these  con- 
siderations are  more  proper  for  another  time  and  place. 

I shall  inform  Genl.  Gage  of  the  Besult  of  this  Council  by 
which  all  expectation  of  Troops  coming  to  Boston  untill  orders 
arrive  from  England  is  over ; perhaps  if  no  great  mischief  is 
done  in  the  mean  time,  it  may  be  much  better  for  them  to  be 
ordered  from  England  than  to  be  brought  here  by  the  order  or 
Bequisition  of  any  one  in  America,  as  they  will  be  introduced 
in  a manner  much  more  authoritative.  For  my  own  part,  I 
have  acted  here  in  for  the  best  according  to  my  Judgment. 

13 


98 


MASSACHUSETTS  PAPERS. 


I could  not  require  Troops  against  the  opinion  of  the  Council 
without  making  myself  an  object  of  popular  resentment,  which 

would  probably,  if  it  had  produced  no  worse  effect 

line  lost 

Now,  my  Lord,  as  I have  no  leave  of  absence  to  justify  my 
departure,  I must  have  stayed  till  I was  drove  out  by  force  or 
apparent  danger,  and  if  such  an  event  had  happened,  how  could 
I have  justified  myself  in  doing  an  Act  with  a doubt  of  the 
regularity  of  it,  and  a foresight  of  its  ill  consequences,  which 
should  produce  such  a convulsion  in  the  State  as  obliging  a 
Governor  to  quit  his  post.  I am  with  great  respect,  my  Lord, 
Your  Lordship’s  most  Obedient  and  most 
humble  Servant, 

FRA.  BERNARD. 

P.  S.  Your  Lordship  will  observe  that  in  the  answer  of  the 
Council  there  is  nothing  proposed  or  provided  for  the  return  of 
the  Commissioners  to  Boston  and  their  protection  in  the  execu- 
tion of  their  office  there.  It  seemed  to  be  the  general  opinion 
that  it  was  quite  impracticable  for  them  to  return  and  be  pro- 
tected in  the  execution  of  their  office.  One  Gentleman  said  that 
he  was  convinced  that  they  never  would  return  to  Boston  and 
resume  their  functions,  and  gave  for  reason,  that  Great  Britain 
had  too  much  employment  at  home  to  keep  her  unruly  people 

in  order  and  balancing  the  Parties 

line  lost 

which  harassed  the  Government  and  weakened  the  Administra- 
tion, to  think  of  meddling  with  America  or  endeavouring  to 
enforce  the  execution  of  an  Act  of  Parliament  which  the  Ame- 
ricans had  declared  against. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  Papers. 


JNO.  SPEED. 


MASSACHUSETTS  PAPERS. 


99 


LETTER  FROM  GOV.  BERNARD  TO  THE  EARL  OF  HILLSBOROUGH. 


Boston,  9th  August,  1768. 

I think  it  proper  to  inform  your  Lordship  that  for  above  a 
week  past,  there  has  been  agitated  among  the  merchants  of 
this  town,  a subscription  against  importing  English  Goods.  It 
was  begun  by  two  principal  merchants  who  have  all  along 
abetted  the  purposes  of  the  Faction;  at  first  they  met  with  very 
little  success,  but  persevering  in  it  and  ways  and  means  being 
used  to  push  it  on,  it  was  last  night  reported  at  their  third 
meeting  that  there  was  a sufficient  number  of  subscribers  to 
carry  the  matter  into  execution ; that  there  were  40  who  would 
non-subscribe,  but  would  observe  the  restriction,  and  35  who 
would  neither  subscribe  nor  observe.  The  Latter  I suppose 
are  to  be  brought  to  reason  by  mob  law,  otherwise  35  Im- 
porters only  will  defeat  the  Scheme. 

There  was  the  like  subscription  set  about  at  the  beginning 
of  March  last,  of  which  I gave  an  account  in  my  letter  to  my 
Lord  Shelburne,  No.  9.  That  was  defeated  by  the  merchants 
of  Philadelphia  refusing  to  concur  in  the  measure  and  the  mer- 
chants of  New  York  thereupon  declining  it  also,  upon  which 
those  of  Boston  were  obliged  to  give  it  up.  But  now  I sup- 
pose they  assure  themselves  of  better  success  at  those  places, 
and  expect  to  alarm  the  Parliament.  But,  my  Lord,  the  futility 
of  this  threat  will  be  exposed  by  an  enquiry  into  the  quantity 
of  goods  which  have  been  lately  ordered  from  Great  Britain, 
which  has  exceeded  and  anticipated  the  usual  quantities  and 
times  in  order  to  provide  for  an  abstinence  from  Importation 
for  a year.  This  is  professed  by  some  and  is  undoubtedly  true 
of  others  who  are  too  attentive  to  their  own  Interest  to  desist 
from  Importation  without  taking  care  not  to  have  occasion  for 
it.  But  the  non-subscribers,  among  which  are  some  of  the 
principal  Importers  of  the  Town,  will  effectually  defeat  this 


100 


MASSACHUSETTS  PAPERS. 


scheme,  if  they  are  sufficiently  secured  from  Mobs  which  it  is 
supposed  they  and  all  others  will  be  before  the  first  of  January 
next. 

I am,  with  great  respect, 

My  Lord, 

Your  Lordship’s 

Most  obedient  and 

most  humble  servant, 

FRA.  BERNARD. 

The  Right  Hon’ble  The  Earle  of  Hillsborough. 

See  my  letter,  No.  9,  before  mentioned  per  last  but  one. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  papers. 

JNO.  SPEED. 


LETTER  FROM  THOMAS  BRADSHAW  TO 

Treasury  Chamber,  31  Aug.  1768. 

Sir: 

Having  laid  before  my  Lords  Comm’rs  of  his  Majesty’s 
Treasury  a mem’l  of  the  Com’rs  of  the  Customs  in  America, 
dated  Castle  William  in  Boston  Harbour,  11  July,  1768,  inclos- 
ing Copies  of  letters,  which  they  have  received  in  answer  to 
their  application  for  the  aid  of  his  majesty’s  Forces,  I am  com- 
manded by  their  Lordships  to  transmit  Copies  of  the  said 
papers  to  you  for  the  information  of  the  Earl  of  Hillsborough 
and  to  desire  you  will  move  his  Lordship  to  lay  the  same  be- 
fore his  Majesty,  that  his  Majesty  may  be  informed  of  the  pre- 
sent situation  of  the  officers  of  Revenue  at  Boston,  and  of  the 
apprehensions  they  entertain  that  his  Majesty’s  Castle  at  the 
mouth  of  Boston  Harbour,  where  they  are  at  present  forced  to 
reside,  was  at  the  time  this  letter  came  away  no  other  ways 
secured  from  falling  into  the  hands  of  the  people,  but  by  the 


MASSACHUSETTS  PAPERS. 


101 


King’s  ships  which  lie  at  present  in  the  Harbour,  and  also  that 
his  Majesty  may  be  informed  of  the  answers  they  have  received 
from  General  Gage,  Commodore  Hood,  and  Colonel  Dalrymple 
to  the  requisition  made  to  them  for  Troops  and  ships  to  be  sent 
to  Boston  for  the  protection  of  the  said  Commissioners. 

I am,  Sir,  your  most  obedient  humble  servant, 

THOMAS  BRADSHAW. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  papers. 

JNO.  SPEED. 


LETTER  FROM  GOVERNOR  BERNARD  TO  [THE  EARL  OF  HILLS- 
BOROUGH.] 

Boston,  Sept.  16,  1768. 

My  Lord: 

In  the  Boston  Gazette  of  the  5th  Inst,  appeared  a paper  con- 
taining a system  of  politics  exceeding  all  former  exceedings  ; 
some  took  it  for  the  casual  ravings  of  some  occasional  Enthu- 
siast, but  I persuaded  myself  that  it  came  out  of  the  Cabinet  of 
the  Faction , and  was  preparatory  to  some  actual  operations 
against  the  Government.  In  this  persuasion  I considered  that 
if  the  Troops  from  Halifax  were  to  come  here  of  a sudden 
there  would  be  no  avoiding  an  insurrection,  which  would  at 
least  fall  upon  the  Crown  Officers  if  it  did  not  amount  to  an 
opposition  to  the  Troops.  I therefore  thought  it  best,  that  the 
expectation  of  the  Troops  should  be  gradually  communicated, 
that  the  Heads  of  the  Faction  might  have  time  to  consider  well 
what  they  were  about,  and  prudent  men  opportunity  to  inter- 
pose their  advice.  I therefore  took  an  occasion  to  mention  to 
one  of  the  Council  in  the  way  of  discourse,  that  I had  private 
advice  that  Troops  were  ordered  hither,  but  I had  no  public 
orders  about  it  myself.  This  was  on  the  3rd  Inst.,  and  before 
night  it  was  thoroughly  circulated  all  over  the  Town. 


102 


MASSACHUSETTS  PAPERS. 


The  Faction  immediately  took  the  alarm,  and  at  first  nothing 
was  to  be  heard  among  them  but  declarations  that  the  Troops 
should  not  enter  the  Town,  but  nothing  was  done  in  public, 
but  appointing  a town  meeting  on  Monday  following ; in  pri- 
vate, there  were  as  I am  told,  two  meetings,  the  one  a large 
one  on  Friday  night  (the  9th)  when  it  was  the  general  opinion 
that  they  should  raise  the  Country  and  oppose  the  Troops,  the 
other  meeting  as  I am  informed  was  very  small  and  private  on 
Saturday  night  at  the  house  of  one  of  the  Chiefs,  and  there  it 
was  resolved  to  surprise  and  take  the  Castle  on  the  Monday 
night  following.  I dont  relate  these  accounts  as  certain  facts, 
but  only  as  reported  and  believed.  On  Saturday  night  an 
empty  Turpentine  barrel  was  put  upon  the  Pole  of  the  Beacon 
(which  has  been  lately  erected  anew  in  a great  hurry  by  the 
select  men  without  consulting  me)  this  gave  a great  alarm  the 
nest  day  and  the  Council  sent  to  me  on  Sunday  afternoon  to 
desire  I would  order  a Council  which  I held  at  a Gentleman’s 
house  half-way  between  me  and  Boston,  here  it  was  debated 
what  means  should  be  used  to  take  the  barrel  down,  and  it  was 
resolved  that  the  select  men  should  be  desired  to  take  it  down, 
but  they  would  not  do  it. 

On  the  Monday  at  the  Hall  the  Faction  appeared  surrounded 
with  all  its  Forces  ; there  were  very  few  of  the  principle  Gentle- 
men there,  such  as  were,  appeared  only  as  curious,  and  perhaps 
anxious  spectators.  The  meeting  was  opened  with  speeches 
much  to  the  same  purpose  as  the  papers  enclosed  and  first 
mentioned.  Nothing  was  then  resolved,  but  to  put  the  Ques- 
tion to  me,  which  your  Lordship  will  see  in  the  printed  account, 
and  to  appoint  a general  Comm’ee  to  consider  and  report.  The 
next  day  the  reports  were  made  upon  which  followed  a set  of 
speeches  by  the  Chiefs  of  the  Faction  and  no  one  else,  which 
followed  one  another  in  such  order  and  method,  that  it  appear- 
ed as  if  they  were  acting  a Play,  everything  both  as  to  matter 
and  order  seeming  to  have  been  preconcerted  beforehand.  As 
they  have  printed  their  own  account  to  circulate  it  round  the 


MASSACHUSETTS  PAPERS. 


103 


province,  I shall  only  add  to  it  an  account  of  some  of  these 
speeches,  from  the  tenor  of  which  the  general  Intention  of  the 
whole  transaction  mil  be  fully  explained. 

I should  have  mentioned  before,  that  in  the  middle  of  the 
Hall  where  they  met,  were  deposited  in  the  Chest  the  town 
arms,  amounting  as  it  was  said  to  about  400,  these  as  I have 
before  informed  your  Lordship  about  four  or  five  months  ago, 
were  taken  out  of  the  Lumber  Room  where  they  had  lain  for 
some  years  past  to  be  cleaned,  and  have  since  been  laid  upon 
the  floor  of  the  Town  Hall  to  remind  the  people  of  the  use  of 
them.  These  arms  were  often  the  subject  of  discourse  and 
were  of  singular  use  to  the  orators  in  the  way  of  action,  as  the 
subject  of  their  debates  turned  upon  Arming  the  Town  and 
Country  against  tlieir  Enemies , the  probability  of  a French  war 
was  mentioned,  as  a pretence  to  arming  the  Town,  and  a cover 
for  the  frequent  use  of  the  word  Enemy.  It  was  said  the 
Enemy  would  probably  be  here  before  the  Convention  met,  that 
is  within  ten  days.  It  was  moved  that  the  Arms  should  now 
be  delivered  out  to  oppose  the  Enemy.  This  was  objected  to, 
for  that  they  might  fall  into  hands  that  would  not  use  them. 
But  this  flimsy  veil  was  not  always  kept  on,  it  was  often  said 
that  they  had  a right  to  oppose  with  Arms  military  Force 
which  was  sent  to  oblige  them  to  submit  to  unconstitutional 
Laws,  and  when  it  was  required  to  be  more  explicit,  the  chair- 
man said,  that  they  understood  one  another  very  well,  and 
pointing  with  his  hand,  said:  there  are  the  Arms,  when  an 
attempt  is  made  against  your  Liberties  they  will  be  delivered, 
our  declaration  wants  no  explanation — and  indeed  it  does  not. 

When  first  it  was  moved  that  the  Governor  be  desired  to  call 
an  Assembly,  it  was  said  to  be  to  provide  for  the  safety  of  the 
Province  and  put  it  in  a posture  of  defence.  It  was  thereupon 
observed,  that  that  would  make  Troops  necessary,  and  it  was 
immediately  struck  out.  One  cry’d  out  that  they  wanted  a 
head.  This  was  overruled,  for  indeed  it  was  too  premature. 
Another,  an  old  man,  protested  against  everything  but  rising 


104 


MASSACHUSETTS  PAPERS. 


immediately  and  taking  all  power  into  their  own  Hands.  One 
man,  very  profligate  and  abandoned,  argued  for  massacreing 
their  Enemies,  his  argument  was  short.  Liberty  is  as  precious 
as  life,  if  man  attempts  to  take  my  life,  I have  a right  to  take 
his. 

Ergo — If  a man  attempts  to  take  away  my  liberty  I have  a 
right  to  take  his  life. 

He  also  argued  that  when  a people’s  Liberties  were  threaten- 
ed they  were  in  a state  of  W ar,  and  had  a right  to  defend  them- 
selves, and  he  carried  these  arguments  so  far,  that  his  own 
party  were  obliged  to  silence  him. 

I will  now  make  one  observation  on  one  passage  in  the 
printed  declaration,  to  show  to  what  length  is  capable  of  being 
carried  a pretension  to  an  exemption  from  Authority  of  Great 
Britain.  It  has  heretofore  been  argued  that  the  Parliament  has 
no  authority  over  the  American  Colonists  because  they  are  not 
represented  in  the  Parliament  of  G.  Britain  and  in  consequence 
that  the  provincial  Assemblies  are  to  all  intents  and  purposes, 
the  Parliament  in  regard  to  the  subjects  of  the  respective 
Colonies. 

This  has  been  heretofore  apply’d  only  to  the  raising  and  dis- 
posing of  public  money,  and  now  observe  a large  stride  to  a 
very  different  business,  because  it  is  declared  by  an  Act  of  the 
first  of  W m.  and  Mary  that  no  standing  Army  shall  be  kept 
upon  the  Kingdom  in  time  of  Peace  but  by  consent  of  Parlia- 
ment, therefore  the  King  shall  not  keep  any  part  of  the  stand- 
ing Army  raised  and  supported  by  the  Parliament  in  any 
American  Province  without  the  consent  of  the  Provincial 
Assemblies,  and  this  exemption  is  pleaded  in  virtue  of  a charter 
granted  by  King  William,  &c.,  without  the  Authority  of  Par- 
liament and  consequently  according  to  true  revolutional  princi- 
ples not  to  be  pleaded  against  the  Parliament,  as  according  to 
such  principles  the  King  has  no  power  by  his  own  Act  only  to 
exempt  any  subjects  of  Great  Britain  from  the  Authority  of 
Parliament.  I herewith  enclose  a blank  copy  of  the  precept 


MASSACHUSETTS  PAPERS.  105 

which  the  selectmen  of  Boston  have  used  in  calling  together 
the  Convention.  Surely  so  daring  an  assumption  of  the  Royal 
Authority  was  never  practised  by  any  city  or  town  in  the 
British  Dominions,  even  in  the  times  of  greatest  disorder,  not 
even  by  the  City  of  London  when  the  great  Rebellion  was  at 
the  highest,  and  the  confusion  arising  from  thence-  most  urgent 
for  some  extraordinary  measure,  how  large  this  meeting  will 
be,  and  what  they  will  do,  at  present  can  only  be  guessed  at  as 
they  have  hitherto  pursued  the  dictates  of  the  paper  in  the 
Boston  Gazette,  it  is  supposed  that  they  will  go  through  with 
them  and  exclude  the  Crown  Officers,  and  resume  the  first 
original  Charter , which  has  no  ingredient  of  Royalty  in  it.  It 
certainly  will  be  so  if  it  is  not  prevented  by  power  from  with- 
out, and  I much  doubt  whether  the  force  already  ordered  by 
General  Gage,  viz  : 2 Regiments  mil  be  sufficient.  For  my 
own  part,  if  I had  any  place  of  protection  to  resort  to  I would 
publish  a proclamation  against  the  Assembly,  the  Convention, 
but  I dare  not  take  so  spirited  a step  without  first  securing  my 
retreat.  It  is  now  a great  question  whether  the  Troops  will  be 
suffered  to  enter  the  Town  or  not,  the  general  opinion  is  in  the 
affirmative.  The  design  against  the  Castle  is  now  so  well 
known  that  it  is  probable  that  the  very  names  of  the  people 
who  were  enrolled  for  that  service  to  the  number  of  500,  or  the 
Chief  of  them  will  be  discovered.  • The  Chiefs  of  the  party 
now  own,  that  it  will  be  impossible,  for  them  to  hold  the  Castle 
or  the  Town,  tho’  they  should  seize  and  garrison  them  for  the 
present.  They  therefore,  at  least  some  of  them,  seem  content 
that  the  Troops  shall  stay  here,  ’till  the  Parliament  shall  deter- 
mine upon  their  remonstrances,  as  they  say  the  Troops  cannot 
remain  here  for  two  years  if  the  Parliament  refuse  to  do  them 
justice.  I am,  &c., 

FRANCIS  BERNARD. 

A true  Copy. 

In  the  absence  of  the  Clerk  of  the  Papers 


14 


JNO.  SPEED. 


106 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  THOMAS  CUSHING  TO  STEPHEN  SAYRE.* 


Boston,  October  7th,  1768. 

Sir: 

Since  my  last  Eleven  men  of  war  have  arrived  from  Halifax 
with  the  14th  and  29th  Regiments  they  were  ordered  to  Bos- 
ton to  Insist  upon  being  Quartered  in  the  body  of  the  Town, 
but  as  Barracks  are  provided  by  the  Government  at  the  Castle 
for  the  accommodation  of  the  King’s  Troops,  the  Council  say 
they  are  not  empowered  by  the  Act  to  Quarter  them  anywhere 
else,  and  accordingly  refuse  to  do  it,  so  that  the  Troops  at  pre- 
sent are  at  a loss  for  Quarters.  I wish  they  may  be  fixed  at 
the  Castle  till  orders  are  sent  for  their  removal,  which  I hope 
will  be  as  soon  as  the  ministry  are  convinced  how  Egregiously 
we  have  been  misrepresented.  The  men  of  War  and  Troops 
approached  the  Town  with  the  same  precaution  as  they  would 
a city  they  were  about  to  besiege.  They  were  landed  in  battle 
array  expecting  from  the  representations  that  had  been  made 
to  them  to  meet  with  a violent  opposition,  however  they  were 
agreeably  disappointed,  not  the  least  resistance  being  made  to 
their  landing  nor  the  least  incivility  offered  them.  It  is  true 
the  People  thro’  this  and  the  neighbouring  Colonies  have  been 
greatly  alarmed  and  filled  with  resentment,  at  being  threatened 
with  Troops  upon  so  trifling  occasions  as  what  happened  on  the 
18th  March  last;  but  the  late  Convention  has  been  attended 
with  happy  consequences,  the  Design  of  it  was  to  promote 
peace  and  good  order,  and  their  meeting  has  effectually  an- 
swered that  good  design ; by  their  seasonable  and  good  advice, 


* Stephen  Sayre,  a native  of  Virginia,  resided  for  several  years  in  England. 
He  was  at  one  time  sheriff  of  London.  After  a life  of  many  vicissitudes,  he 
died  in  this  country,  early  in  the  present  century.  Point  Breeze,  above  Bor- 
dentown,  lately  the  property  of  Joseph  Buonaparte,  belonged  to  Mrs.  Sayre,  and 
was  the  seat  of  hospitality  during  Mr.  Sayre’s  occupancy  of  it. 


MASSACHUSETTS  TAPERS. 


107 


tliey  prevented  mucli  disorder  and  confusion  however,  tlio’  the 
affection  of  this  People  to  the  Mother  Country  prevented  their 
making  any  opposition  to  the  landing  of  the  Troops.  Yet 
their  being  sent  upon  such  an  Errand  and  upon  such  an  occa- 
sion against  a people  so  distinguished  for  their  Loyalty  to  the 
King  and  their  firm  attachment  to  the  parent  state,  has  very 
grievously  affected  them  and  made  such  a deep  wound  in  their 
breast  as  I fear  will  never  be  cured,  they  cannot  reflect  upon 
such  treatment  with  any  patience,  however  it  may  possibly  be 
attended  with  happy  effects,  for  since  the  arrival  of  these 
Troops  the  People  in  general  seemed  to  be  determined  to  deny 
themselves  almost  any  thing  rather  than  in  any  measure  con- 
tribute to  the  raising  of  the  designed  Revenue ; a great  number 
of  Families  have  left  off  the  use  of  Tea  and  others  are  daily 
following  their  example.  The  Inhabitants  of  the  Town  of 
Charlestown  have  unanimously  left  drinking  of  it,  and  if  Bos- 
ton and  Charlestown  give  the  lead  I believe  they  will  be  fol- 
lowed thro’  the  Country,  and  while  writing  I am  informed  that 
the  Inhabitants  of  some  other  Towns  are  coming  in  the  same 
resolution.  I now  send  you  a brief  state  of  the  merits  and 
services  of  this  Province,  their  Exertions  and  expenses  in  the 
common  cause,  drawn  up  in  the  year  1765,  and  sent  to  the 
Agent  of  this  Province,  which  will  enable  you  to  make  an 
estimate  of  the  expences  this  Province  was  at  in  the  late  wars. 
In  the  year  1763  or  1761  there  was  another  account  drawn  up 
relative  to  this  matter  which  I believe  was  precise  and  par- 
ticular. It  was  sent  to  Mr.  Agent  Mauduit;  upon  applying  to 
him  or  Mr.  Jackson,  his  successor,  I think  you  may  obtain  a 
copy  of  it. 

The  Council  have  refused  to  Quarter  the  Troops  in  the  body 
of  the  Town  till  the  barracks  at  the  Castle  are  filled,  in  thus 
doing  they  strictly  adhere  to  the  Act  of  Parliament.  The 
Colonel  is  therefore  hiring  Houses  and  procuring  Barracks  and 
Utensils  upon  the  King’s  Account;  however  it  is  imagined  he 
is  doing  that  which  he  cannot  justify,  and  is  taking  upon  him- 


108 


MASSACHUSETTS  PAPERS. 


self  to  Quarter  Soldiers  otherwise  than  is  limited  and  allowed 
Toy  Act  of  Parliament,  and  he  is  liable  to  be  cashiered  for  so 
doing;  however  we  are  so  disposed  for  Peace  that  I doubt 
whether  any  notice  will  be  taken  of  his  conduct  by  the  civil 
magistrate.  W e hope  we  shall  be  delivered  from  all  these  bur- 
dens when  the  Parliament  meets  and  are  disposed  quietly  to 
wait  for  their  determination,  which  if  the  Interest  of  Great 
Britain  is  duly  considered  must  be  in  our  favour. 

I am,  with  respect,  Your  most  humble  serv’t, 

. THOMAS  CUSHING. 

P.  S. — I must  beg  the  favour  of  your  furnishing  me  with  all 
the  intelligence  you  can  relative  to  American  affairs. 


Boston,  Oct.  28,  1768. 

Sir: 

I have  wrote  Mr.  De  Berdt  by  this  conveyance  and  as  this 
vessel  is  just  upon  sailing,  must  refer  you  to  him  for  particu- 
lars, please  to  furnish  me  by  every  opportunity,  with  what 
turns  up  relative  to  American  affairs. 

I conclude,  with  respect, 

Y’r  most  humble  serv’t, 

THOMAS  CUSHING. 

Mr.  Sayre. 


OPINION  OF  B.  JACKSON. 

Case. 

D.  B has  received  a Petition  to  his  majesty  from  a Conven- 
tion at  Boston,  tho’  no  particular  Agent  for  that  Convention. 

It  was  called  by  a circular  Letter  from  the  Selectmen  of 


MASSACHUSETTS  PAPERS. 


109 


Boston  to  a number  of  Gentlemen  upwards  of  Seventy  from 
the  different  parts  of  the  Province  and  met  on  the  22  Sept,  tbe 
number  of  Towns  to  wliicli  they  belong,  consists  of  Ninety 
Eight  and  Six  Districts. 

There  are  some  unguarded  expressions  in  the  Circular  letter 
which  summoned  this  Convention. 

It  is  under  the  consideration  of  the  King’s  Council  whether 
such  a convention  is  not  Treasonable. 

The  Governor  as  Representative  of  the  King  has  called  it  a 
notorious  violation  of  his  Majesty’s  Constitutional  Authority, 
tho’  the  “said  Convention  utterly  disclaimed  any  authoritative 
or  Governmental  Acts.” 

D.  B.  has  strict  orders  by  a Letter  “from  the  chairman  of  the 
said  Convention  to  present  the  Petition  to  his  majesty  in  Per- 
son as  speedily  as  possible.” 

Qr.  1st.  Whether  D.  B.  would  be  safe  in  giving  it  to  the 
King  in  Person.  “It  is  not  material  whether  Mr.  D.  B. 
would  be  safe  in  giving  the  paper  to  the  King  in  Person,  be- 
cause I think  it  impossible  so  to  deliver  it,  but  in  case  it  were 
so  delivered  it  would  be  certainly  adviseable  to  acquaint  the 
Sec’ry  of  State  with  the  contents  of  the  Paper  previously  to 
the  delivery.” 

Qr.  2nd.  Whether  the  Petitioners  would  be  “particularly 
benefitted  by  giving  it  his  majesty  in  Person.” — “This  is  no 
question  to  put  to  a Counsel.” 

Qr.  3d.  Whether  the  Petitioners  would  be  more  benefitted 
by  giving  it  to  the  Sec’ry  of  State  for  the  American  Depart- 
ment as  the  Common  Channel  of  Business,  “I  think  this  is  the 
only  proper  use  that  can  be  made  of  the  Paper.” 

Qr.  4.  Whether  D.  B.  would  be  safe  in  delivering  it  to  the 
Secretary  of  State.  “Mr.  D.  B.  will  certainly  be  safe  in  de- 
livering in  a proper  manner  any  paper  to  the  Sec’ry  of  State, 
let  the  contents  be  what  they  will.” 

Qr.  5.  Whether  if  the  Secretary  should  refuse  to  receive  it, 
on  seeing  D.  B.  if  it  would  be  expedient  to  leave  a copy,  signi- 


110 


MASSACHUSETTS  PAPERS. 


fying  tlie  original  was  in  his  hands  and  at  the  Secretary’s  Com- 
mand. “This  is  a matter  of  discretion  only  in  Mr.  D.  B. 
should  the  Sec’ry  of  State  refuse  to  receive  the  paper,  I should 
think  he  would  refuse  the  Copy.  But  I do  not  conceive  the 
Sec’ry  of  State  will  refuse  any  paper  that  contains  Information 
of  the  State  of  a Province  in  America  when  decently  and  pro- 
perly offered.” 

R.  JACKSON. 

IS  Nov.  1768. 


PETITION  OP  THE  COMMITTEE  OP  MASSACHUSETTS  TO  THE  KING. 

1768. 

To  the  King’s  Most  Excellent  Majesty. 

Most  Gracious  Sovereign  : 

With  the  warmest  sentiments  of  Loyalty,  duty  and  affection, 
a number  of  your  Majesty’s  most  faithful  subjects  in  your  Pro- 
vince of  the  Massachusetts  Bay  convened  in  Boston  as  commit- 
tees at  the  request  of  the  Inhabitants  of  the  several  Towns  and 
Districts  to  which  they  belong,  in  Number  Ninety  eight  Towns 
and  Eight  Districts.  Ear  from  assuming  to  themselves,  but 
utterly  disclaiming  the  least  pretension  to  any  authoritative  or 
Governmental  Acts,  and  met  together  with  the  only  intention  of 
exerting  themselves,  as  far  as  they  lawfully  might,  to  promote 
peace  and  good  order  among  their  fellow  subjects  in  the  Pro- 
vince, and  humbly  to  Petition  your  Majesty  or  your  Represent- 
ative: beg  leave  with  all  humility  to  approach  the  Throne  and 
to  lay  their  humble  supplications  at  your  Majesty’s  feet. 

Our  Ancestors,  the  first  settlers  of  this  Country,  having  with 
the  Royal  consent,  which  we  humbly  apprehend  involves  the 
consent  of  the  Nation,  and  at  their  own  expense,  migrated  from 
the  Mother  Kingdom,  took  possession  of  this  Land,  at  that  time 
a wilderness,  the  right  whereof  they  had  purchased  for  a valu- 


MASSACHUSETTS  PAPEllS. 


Ill 


able  consideration  of  the  Council  established  at  Plymouth,  to 
whom  it  had  been  granted  by  Your  Majesty’s  Royal  predeces- 
sor King  James  the  first. 

From  the  principles  of  Loyalty  to  their  Sovereign  which  will 
ever  warm  the  breast  of  a true  subject,  tho’  remote,  they  ac- 
knowledged their  Allegiance  to  the  English  Crown,  and  your 
Majesty  will  allow  us  with  all  humility  to  say  that  they  and 
their  posterity  ever  to  this  time,  have  afforded  frequent  and 
signal  proofs  of  their  zeal  for  the  honor  and  service  of  their 
Prince  and  their  firm  attachment  to  the  Parent  Country. 

With  toil  and  fatigue,  perhaps  not  to  be  conceived  by  their 
Brethren  and  fellow  subjects  at  home,  and  with  the  constant 
peril  of  their  lives  from  a numerous  Savage  and  warlike  race 
of  men,  they  began  their  settlement  and  God  prospered  them. 

They  obtained  a Charter  from  King  Charles  the  first,  wherein 
his  Majesty  was  pleased  to  grant  to  them,  their  heirs  and  as- 
signs forever,  all  the  Lands  therein  described  to  hold  of  him 
and  his  Royal  successors  in  fee  and  common  soccage;  which 
we  humbly  conceive  is  as  absolute  an  Estate  as  the  Subject  can 
hold  under  the  Crown.  And  in  the  same  Charter  were  granted 
to  them  and  their  Posterity,  all  the  rights,  liberties,  privileges 
and  immunities  of  natural  subjects  born  within  the  Realm. 

This  Charter  they  enjoyed  having  as  we  most  humbly  con- 
ceive punctually  complied  with  all  the  conditions  of  it  ’till  in 
an  unhappy  time  it  was  vacated.  But  after  the  Revolution 
when  King  William  and  Queen  Mary  of  glorious  and  blessed 
memory  were  established  on  the  Throne,  in  that  happy  Reign, 
when  to  the  joy  of  the  Nation  and  its  dependencies,  the  Crown 
was  settled  in  your  Majesty’s  illustrious  family,  the  Inhabitants 
of  the  Province  shared  in  the  Common  blessing.  Then  they 
were  indulged  with  another  Charter;  in  which  their  Majesties 
were  pleased  for  themselves,  their  heirs  and  successors,  to  grant 
and  confirm  to  them  as  ample  Estate  in  the  Land,  or  territories, 
as  was  granted  by  the  former  Charter,  together  with  other  the 
most  essential  rights  and  liberties  contained  therein,  the  prin- 


112 


MASSACHUSETTS  PAPERS. 


ciple  of  which  is  that  which  your  Majesty’s  subjects  within  the 
Realm  have  ever  held  a most  sacred  right,  of  being  taxed  only 
by  ■ representatives  of  their  own  free  election.  Thus  blessed 
Avith  the  Rights  of  Englishmen  through  the  indulgent  smiles 
of  Heaven  and  under  the  auspicious  Government  of  your  Ma- 
jesty and  your  Royal  predecessors,  Your  People  of  this  Pro- 
vince have  been  happy  and  your  Majesty  has  acquired  a nu- 
merous increase  of  loyal  Subjects,  a large  extent  of  Dominion, 
and  a new  and  inexhaustible  source  of  Commerce,  wealth  and 
Glory. 

With  great  sincerity  permit  us  to  assure  your  Majesty  that 
your  Subjects  of  this  Province  of  which  we  are  a part  ever 
have  acknowledged  and  still  continue  to  acknowledge  your 
Majesty’s  High  Court  of  Parliament,  the  Supreme  legislative 
Power  of  the  whole  Empire;  the  superintending  authority  of 
which  is  clearly  admitted  in  all  cases  that  can  consist  with  the 
fundamental  rights  of  nature  and  the  Constitution  to  Avhich 
your  Majesty’s  happy  subjects  in  all  parts  of  your  Empire  con- 
ceive they  have  a just  and  equitable  claim. 

It  is  with  the  deepest  concern  that  your  humble  supplicants 
would  represent  to  your  Majesty  that  your  parliament,  the  rec- 
titude of  whose  intention  is  never  to  be  questioned,  has  thought 
proper  to  pass  divers  Acts  imposing  taxes  on  your  Majesty’s 
subjects  in  America  with  the  sole  and  express  purpose  of  rais- 
ing a Revenue.  If  your  Majesty’s  subjects  here  shall  be  de- 
prived of  the  honor  and  privilege  of  voluntarily  contributing 
their  aid  to  your  Majesty  in  supporting  your  Government  and 
Authority  in  this  Province  and  defending  and  securing  your 
Rights  and  Territories  in  America,  which  they  have  always 
hitherto  done  with  the  utmost  cheerfulness;  if  these  Acts  of 
Parliament  shall  remain  in  force,  and  your  Majesty’s  Commons 
in  Great  Britain  shall  continue  to  exercise  the  poAver  of  grant- 
ing the  property  of  their  fellow  subjects  in  this  Province,  your 
People  must  then  regret  their  unhappy  Fate  in  having  only  the 
name  left  of  free  subjects. 


MASSACHUSETTS  PAPEES. 


118 


Under  the  most  sensible  impressions  of  your  Majesty’s  wise 
and  paternal  care  for  the  remotest  of  your  faithful  subjects,  and 
in  full  dependence  on  the  Royal  declarations  in  the  Charter  of 
this  Province,  we  most  humbly  beseech  your  Majesty  to  take 
our  present  unhappy  circumstances  under  your  Royal  con- 
sideration and  afford  us  relief  in  such  a manner  as  in  your 
Majesty’s  great  wisdom  and  clemency  shall  seem  meet. 

And  as  in  Duty  and  love  bound  said  Committee  shall  ever 
pray. 

In  the  name  and  in  behalf  of  the  said  Committee, 

THOMAS  CUSHING,  Chairman. 


LETTER  FROM  RICHARD  CARY  TO 

Charlestown,  Feb.  7,  1769. 

Dear  Sir  : 

Your  last  obliging  favour  of  the  20th  October  is  alarming,  in 
regard  to  the  Nation  as  well  as  the  affairs  of  America;  however 
it’s  a great  satisfaction  to  see  our  Friends  exerting  themselves 
in  our  Favour,  which  gives  encouragement  under  the  gloomy 
prospect. 

You  shall  not  expect  to  hear  any  extraordinary  matters  from 
us,  as  we  have  no  Assembly;  everything  is  still  and  quiet, 
nothing  exceptionable  but  a Liberty  taken  in  the  Prints,  which 
some  of  our  great  Folks  don’t  like  to  see;  publick  conduct  will 
be  animadverted  upon  with  Freedom — Governor  Bernard  must 
submit  to  it.  Lord  Hillsborough  is  often  tack’t  with  him,  his  high 
strain’d  letters  has  caused  such  a jealousy  in  the  Provinces,  and 
raised  such  fearful  apprehensions,  that  like  a chain  it  has  link’t 
them  most  strongly  together,  which  I hope  will  not  soon  be 
separated.  Notwithstanding  I’m  for  having  the  power  and 
Authority  of  Great  Britain  kept  up  in  America,  too  great  a 
laxness  in  Government  is  often  attended  with  fatal  consequences; 
we'  are  waiting  to  see  what  the  Parliament  will  do  with  us,  it 

15 


114 


MASSACHUSETTS  PAPEliS. 


would  be  happy  to  have  things  on  their  old  footing  again,  to 
have  Trade  carry’d  on  to  mutual  advantage  with  our  Mother 
Country,  and  to  keep  up  a real  regard  and  affection  for  one 
another. 

Mr.  Cushing  tells  me  he  has  wrote  particularly  to  Mr.  De 
Berdt  which  lately  went,  I refer  you  to  it,  he  and  Mr.  Otis, 
Adams  &c.,  dined  with  me  a few  days  ago.  The  affair  of  the 
Agency  shall  engage  my  attention.  I hear  there  are  schemes 
and  plans  going  forward,  I hope  none  will  succeed,  against  our 
Aged  Friend,  whose  labors  seems  to  be  more  abundant  at  this 
important  Crisis,  I rejoice  to  hear  his  health  is  continued.  As 
I know  you  have  the  welfare  of  Jersey  College  much  at  heart 
it  will  give  you  a pleasure  to  hear  its  interest  is  rising,  upwards 
of  £400  sterling  have  been  subscribed  this  way,  which  has  had 
a happy  tendency  by  stirring  them  up  to  support  the  same  good 
cause  to  the  southward,  a cause  which  is  the  greatest  support 
of  Religious  and  Civil  Liberty,  in  those  provinces.  The  dis- 
senting Congregation  at  New  York  have  given  £700 — Yr 
Money,  and  the  late  Mr,  Tenant’s  Church  £1000 — Phila.  Cur- 
rency. It  still  meets  with  encouragement,  and  gladdens  the  heart 
of  good  Dr.  Whetherspoon.  I hope  the  Smiles  of  a Gracious 
Providence  will  be  continued;  these  accounts  I have  from  Mr. 
Blair  who  with  his  Lady  gave  us  a sociable  visit  a few  days 
ago. 

You  was  not  out  in  your  judgment  in  imagining  numbers  of 
Soldiers  after  being  here  would  desert;  it  is  so  in  fact,  such  a 
large  settled  Country  back  and  the  severity  with  which  they 
have  been  used  leads  to  it,  sending  such  a body  of  Troops  to 
Boston  was  stupid,  there  could  be  no  dependance  upon  them ; 
in  case  things  should  come  to  an  extremity  with  the  inhabitants, 
the  officers  would  find  themselves  in  a bad  situation. 

I can’t  say  I like  the  complexion  of  our  affairs  in  England, 
either  from  the  King’s  Speech,  or  the  Debates  in  the  House  at 
the  first  sitting  of  Parliament,  the  raising  a Revenue  from 
America,  will  be  attended  with  great  difficulty,  the  Provinces 


MASSACHUSETTS  TAPERS. 


115 


are  justly  apprehensive  of  terrible  consequences  to  themselves 
from  it,  and  will  do  every  thing  in  a legal  way  to  prevent  it. 

Not  long  ago  I mentioned  the  Commissioners  and  officers 
were  mortified  by  making  out  so  poorly  with  Balls  and  Con- 
certs: now  it’s  mortifying  to  many  of  the  Inhabitants  that  they 
have  obtained  their  wishes,  and  that  such  numbers  of  Lady’s 
attend.  It’s  a bad  thing  for  Boston  to  have  so  many  gay  idle 
people  in  it. 

A Copy  of  your  letter  to  Lord  Hillsborough,  Inclosing  the 
Petition  to  him  was  sent  Governor  Bernard  which  was  com- 
municated to  the  Council,  his  Lordship  complains  of  being  ill 
used,  and  his  conduct  faulted  for  not  presenting  a petition  which 
was  kept  from  him,  for  above  two  months  after  its  arrival.  I 
took  out  of  the  office  last  week  a packet  directed  for  me  Inclos- 
ing the  Anerican  Gazette  No.  2,  but  it  does  not  say  from  whom, 
Mr.  Otis  now  has  it,  publishing  such  papers  in  England  must 
greatly  serve  our  American  Cause. 

I affectionately  bid  you  farewell  and  am  very  sincerely 

Yours, 

RICHARD  CARY. 


PROCEEDINGS  OF  THE  SELECTMEN  OF  BOSTON. 

Boston. 

At  a meeting  of  the  Selectmen,  Feb.  16,  1769. 

Present: — Joshua  Henshaw,  Joseph  Parkson,  John  Ruddock, 
John  Hancock,  John  Rowe,  Sam.  Pemberton,  Esq.,  M.  Hender- 
son Inches. 

Voted  unanimously,  That  the  following  Address  be  pre- 
sented to  His  Excellency  Francis  Bernard,  Esq. 

May  it  please  your  Excellency, 

At  a time  when  artful  and  mischievous  men  have  so  far  pre- 
vailed as  to  foment  and  spread  Divisions  in  the  British  Empire: 


116 


MASSACHUSETTS  PAPERS. 


When  mutual  confidence,  which  had  so  long  subsisted,  with 
mutual  advantage  between  the  subjects  in  Britain  and  America, 
is  in  a great  measure  broken:  When  means  are  at  length  found 
even  to  excite  the  Resentment  of  the  Mother  State,  against 
Her  Colonies;  and  they  are  publicly  charged  with  being  in  a 
state  of  Disobedience  to  Law  and  ready  to  resist  the  Consti- 
tutional Authority  of  the  nation:  The  selectmen  of  this  Metro- 
polis cannot  be  the  unconcerned  and  silent  spectators  of  the 
Calamities  which  in  consequence  thereof  have  already  fallen 
upon  Its  inhabitants. 

To  behold  this  Town  surrounded  with  Ships  of  War  and 
military  Troops  even  in  a time  of  Peace,  quartered  in  its  very 
bowels,  exercising  a discipline  with  all  the  severity  which  is 
used  in  a Garrison  and  in  a state  of  actual  War,  is  truly  alarm- 
ing to  a free  people.  And  what  still  heightens  the  misfortune: 
That  our  gracious  Sovereign  and  his  ministers  have  formed 
such  an  idea  of  the  present  state  of  the  Town,  as  to  induce  a 
necessity  of  this  naval  and  military  Force,  for  the  aid  of  the 
Civil  Magistrates  in  the  Preservation  of  its  peace  and  good 
order. 

Your  Excellency  can  witness  for  the  Town  that  no  such  aid 
is  necessary : Loyalty  to  the  Sovereign  and  an  inflexible  zeal 
for  the  support  of  His  Majesty’s  Authority  and  the  happy  Con- 
stitution is  its  just  character;  and  we  may  appeal  to  the  im- 
partial world  that  peace  and  order  were  better  maintained  in 
the  Town  before  it  was  even  rumored  that  His  Majesty’s 
Troops  were  to  be  quartered  among  us  than  they  have  been 
since.  Such  a measure  then  we  are  persuaded  would  never 
have  been  ordered  by  the  wisdom  of  the  British  Administra- 
tion, had  not  the  necessity  of  it  been  drawn  from  the  Repre- 
sentation of  some  of  his  Majesty’s  Servants  in  this  Province. 

Your  Excellency  will  allow  us  to  express  our  opinion,  that 
the  public  transactions  of  the  town  and  the  behaviour  of  some 
of  its  Individual  Inhabitants  have  been  greatly  misapprehended 
by  his  Majesty’s  Ministers. 


MASSACHUSETTS  PAPERS. 


117 


We  therefore  in  duty  to  the  Town,  we  have  the  Honour  to 
serve  respectfully  wait  on  your  Excellency;  and  pray  that  you 
would  be  pleased  to  communicate  to  us  such  representations  of 
facts  only  as  you  have  judged  proper  to  make  since  the  Govern- 
ment of  the  last  year.  And  as  there  is  a prevailing  Report, 
that  Depositions  are  and  have  been  taken  ex  parte  to  the  preju- 
dice of  the  Town  and  particular  persons,  may  we  not  assure 
ourselves  that  your  Excellency  will  in  justice  cause  to  be  laid 
before  us  such  other  representations  as  may  have  come  to  your 
knowledge  that  the  Town,  knowing  clearly  and  precisely  what 
has  been  alledged  against  it,  may  have  an  opportunity  of  vin- 
dicating itself. 

The  foregoing  address  was  accordingly  presented  his  Excel- 
lency by  the  Selectmen  of  the  Town  last  Friday  morning  and 
on  Saturday  afternoon  his  Excellency  was  pleased  to  return 
the  following  answer : 


Gentlemen: 

The  propriety  of  your  addressing  me  upon  public  business  I 
shall  not  now  dispute:  But  in  my  answer  I shall  confine  myself 
to  such  parts  of  your  address  as  relate  to  you  as  the  Selectmen, 
or  the  Town  as  a Body. 

I have  no  reasons  to  think  that  the  Public  transactions  of 
this  Town  have  been  misapprehended  by  his  Majesty  or  his 
Ministers  or  that  their  opinions  thereon  are  founded  upon  any 
other  accounts  than  those  published  by  the  Town  itself.  If 
therefore  you  can  vindicate  yourselves  from  such  charges  as 
may  arise  from  your  own  publications,  you  will  in  my  opinion 
have  nothing  further  to  apprehend. 

(Signed)  FRANCIS  BERNARD. 

Province  House,  Feb.  18,  1769. 


Copy  Alt. 


WILLIAM  COOPER, 
Town  Clerk. 


118 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  THOMAS  CUSHING-  TO  STEPHEN  SAYRE. 

Boston,  Feb.  20, 1769. 

Sir: 

Since  my  last  I have  not  received  any  of  your  favors,  how- 
ever am.  in  daily  expectation  of  having  the  pleasure  of  a line 
from  you.  The  Governor  some  time  ago  showed  me  a letter 
from  Lord  Hillsborough  wherein  he  endeavours  to  exculpate 
himself  with  respect  to  our  Petition’s  not  being  seasonably  de- 
livered to  tbe  Iving  and  throws  the  blame  upon  Mr.  De  Berdt, 
by  whom  it  was  never  offered  to  him.  If  I recollect  the  letter, 
he  says  in  the  course  of  some  conversation  with  you,  mention 
was  made  of  the  Petition,  and  you  offered  to  let  him  have  a 
sight  of  it,  accordingly  some  days  after  you  sent  it  to  him  (his 
Lordship)  inclosed  in  a letter  (a  copy  of  which  the  Governor 
showed  me)  wherein  you  desire  him  to  present  it  to  the 
King.  This  was  the  ivay  he  received  it,  not  directly  from  the 
Agent,  or  any  person  properly  impowered  to  deliver  it,  and 
without  any  document  to  prove  it  to  be  a Petition  from  Massa- 
chusetts, under  these  circumstances  he  says  he  did  not  see  his 
way  clear  as  secretary  of  State  to  offer  it  to  his  Majesty.  I 
cannot  give  you  the  words  of  the  Letter  but  this  is  the  sub- 
stance. It  is  besure  directly  contrary  to  Mr.  De  Berdt’s  Letters 
to  me  of  the  27  June  last,  wherein  he  writes  that  he  has  de- 
livered the  Petition  to  Lord  Hillsborough  which  he  by  no 
means  thought  proper  to  deliver  to  his  Majesty  at  present, 
however  he  thought  it  his  Duty  to  leave  it  with  his  Lordship 
and  urged  the  contents.  One  or  other  must  be  under  a mistake, 
and  seeing  there  had  been  so  much  puzzle  about  this  Petition, 
it  is  a matter  of  surprise  that  Mr.  De  Berdt  was  not  more 
precise  and  exact  relative  to  the  Petition  from  the  Convention 
who  directed  him  to  Deliver  it  to  the  King  in  Person  ; he  had  by 
some  means  or  other  been  so  embarrassed  with  respect  to  the 
Petition  from  the  House  that  it  was  expected  he  would  have 


MASSACHUSETTS  PABEKS. 


119 


punctually  followed  his  directions  with  respect  to  the  other. 
The  members  of  the  Convention  are  not  insensible  that  it  was 
not  usual  for  to  Deliver  Petitions  of  Business  to  the  King  in 
Person,  but  there  had  been  so  much  difficulty  about  getting  the 
other  presented  to  his  Majesty  that  they  thought  it  necessary  to 
direct  as  to  the  delivery  of  their  Petition,  in  the  manner  they 
did,  to  prevent  any  failure.  Its  not  being  delivered  agreeable 
to  the  directions  has  given  some  uneasiness  to  People  here, 
as  they  have  been  informed  by  a member  of  Parliament  that  it 
would  have  had  a happy  effect  if  it  had  been  delivered  to  his 
Majesty  before  he  made  his  speech  to  both  Houses.  Mr.  De 
Berdt  writes  the  19th  Nov.  that  his  Lordship  informed  him  that 
he  had  seen  this  Petition  in  Print  before  he  offered  it.  His 
Lordship  must  be  under  a mistake  if  he  means  that  he  saw  it 
in  any  of  our  public  Prints  because  I am  sure  it  never  has  been 
printed  on  this  side  the  Water,  whatever  it  may  have  been 
on  your  side — All  the  Colonies  except  one  or  two  have  peti- 
tioned and  I hope  their  Prayers  will  meet  with  a favourable 
answer.  As  to  settling  the  Dispute  by  granting  the  Colonies  a 
[Representation  it  will  be  impracticable  as  our  local  circum- 
stances will  not  admit  of  it — The  only  way  I can  think  of  is 
for  the  Parliament  to  regulate  the  Trade  of  the  whole  Empire 
in  a just  and  equal  manner  for  the  benefit  of  the  whole  and 
whenever  the  common  cause  demands  the  aid  of  the  Colonies 
that  requisition  be  made  as  usual  before  the  passing  of  the  Stamp 
Act  and  I doubt  not  the  Colonies  will  cheerfully  contribute 
what  may  be  thought  reasonable  according  to  their  abilities. 

I have  sent  per  Capt.  Hall  a small  bundle  containing  a silk 
gown,  which  I should  take  it  as  a favor  if  you  would  get  dyed 
of  the  same  colour  with  the  pattern  affixed  to  it.  I should  be 
glad  it  might  be  dyed  by  Mary  Birand  at  her  ware  house  in  ship 
yard  Bartholomew  lane,  behind  the  Boyal  Exchange.  I have 
had  some  experience  of  her  dyeing  and  she  performs  well — 
Your  compliance  herewith  will  oblige 

Your  humble  Servant, 

THOMAS  CUSHING. 


120 


MASSACHUSETTS  PAPERS. 


P.  S.  Pray  let  me  hear  from  you  particularly  with  regard  to 
American  Affairs  as  often  as  possible.  Pray  be  so  kind  as  to 
send  to  Capt.  Hall  for  the  silk  Gown  and  let  me  know  the  ex- 
pense you  are  at  for  the  dyeing  and  I will  pay  Mr.  Eichard  Cary 
with  whom  I suppose  you  have  an  acc’t  open. 

Y’r  Ob’t  Sev’t, 

T.  CUSHING. 

To  Mr.  Stephen  Sayre. 


PROCEEDINGS  OF  THE  SELECTMEN  OF  BOSTON. 

Boston. 

At  a Meeting  of  the  Selectmen  Feb.  23,  1769. 

Present: — Joshua  Henshaw,  Joseph  Jackson,  John  Euddock, 
John  Hancock,  Sam.  Pemberton,  Esq.,  Mr.  Henderson  Inches. 

Voted  unanimously,  that  the  following  Address  be  presented 
His  Excellency  Francis  Bernard  Esq. 

May  it  please  your  Excellency, 

The  Selectmen  of  the  Town  of  Boston  beg  leave  once  more 
to  wait  on  your  Excellency,  hoping  you  will  excuse  this  further 
trouble,  as  it  is  upon  a Matter  of  the  greatest  Importance  to  the 
Town — 

In  your  answer  to  our  late  humble  request,  Your  Excellency 
was  pleased  to  say,  “You  have  no  reason  to  think  that  the 
public  Transactions  of  this  town  have  been  misapprehended  by 
his  Majesty  or  his  Ministers ; or  that  their  opinions  thereon  are 
founded  upon  any  other  accounts  than  those  published  by  the 
Town  itself.”  And  “ that  if  we  can  vindicate  ourselves  from 
such  charges  as  may  arise  from  our  own  publications,  we  shall 
in  your  opinion  have  nothing  further  to  apprehend.”  As  the 
Town  has  published  nothing  but  its  own  transactions  in  Town 
meeting  legally  Assembled,  it  gives  us  the  greatest  pleasure  to 


MASSACHUSETTS  PAPERS. 


121 


find  your  Excellency,  in  your  reply  to  us,  thus  vindicate  it  from 
any  just  cause  of  apprehension,  from  the  general  character  of  its 
inhabitants,  considered  as  individuals.  If  therefore  the  Town 
has  suffered  on  account  of  the  disorders  which  happened  on  the 
18i/i  of  March  and  10th  of  June  last,  by  persons  unknown  (the 
only  disorders  that  have  taken  place  in  this  Town  within  the 
year  past)  we  take  your  Excellency’s  Declaration  to  us  to 
be  full  testimony  that  in  your  opinion  it  must  be  in  conse- 
quence of  some  partial  or  false  representations  of  those  Dis- 
orders to  his  Majesty’s  Ministers.  And  we  rejoice  to  find  your 
Excellency’s  sentiments,  as  expressed  in  your  reply,  so  far 
harmonizing  with  those  of  his  Majesty’s  Council  not  long  ago 
published.  "We  have  in  this  case  the  most  authentic  evidence 
that  can  possibly  be  had,  the  joint  testimony  of  the  Governor 
and  Council  of  the  Province : That  the  Town  has  not  been 
in  a state  of  opposition  to  order  and  Government , and  such,  as  to 
require  a Military  Force  to  support  civil  Authority. 

With  regard  to  the  public  transactions  of  the  Town  when 
legally  assembled,  from  which  alone  in  your  Excellency’s 
declared  opinion  the  Town  could  have  anything  to  apprehend, 
we  beg  leave  to  say,  that,  after  the  most  careful  retrospect  and 
the  best  inquiry  we  could  make  into  the  nature  and  import  of 
those  transactions,  we  are  utterly  at  a loss  in  what  view  they 
could  appear  to  have  militated  with  any  law  or  the  British 
Constitution  of  Government.  And  we  entreat  your  Excellency 
would  condescend  to  point  out  to  us  in  what  particular  respect 
they  either  have  been  or  may  be  viewed  in  any  such  a light 
that  either  the  Town  may  be  made  sensible  of  the  Illegality  of 
its  proceedings,  or  that  upon  the  most  critical  Examination,  its 
innocence  may  appear  in  a still  clearer  light. 

Your  Excellency’s  high  station  in  the  Province  and  the  regard 
yon  have  professed  for  the  interest  of  the  Town,  we  humbly 
apprehend,  must  give  propriety  to  this  as  well  as  our  former 
address. 

16 


122 


MASSACHUSETTS  PAPERS. 


The  foregoing  address  was  accordingly  presented  his  Ex- 
cellency by  the  selectmen  of  the  Town  last  Friday,  when  his 
Excellency  was  pleased  to  return  the  following  answer — 

Gentlemen : 

As  in  my  answer  to  your  former  address,  I confined  myself 
to  you  as  Selectmen  and  the  Town  as  a body.  I did  not  mean 
to  refer  to  the  disorders  on  the  18th  of  March  or  the  10th  of 
June,  but  to  the  transactions  in  the  town  meetings  and  the 
proceedings  of  the  selectmen  in  consequence  thereof. 

(Signed)  FRANCIS  BERNARD. 

Copy  Att't. 

WILLIAM  COOPER,  Town  Clerk. 

Feb.  24,  1769. 


LETTER  FROM  RICHARD  CARY  TO  . 

Charlestown,  July  24,  1769. 

Dear  Sir:  1 

I wrote  you  a few  days  ago  by  Robson : things  were  so  cir- 
cumstanced then,  as  to  cause  three  letters  by  the  same  vessel. 

You  will  now  I conclude  have  a long  letter  and  other  papers 
sent  from  the  Committee  of  the  House  of  Representatives, 
which  makes  it  necessary  for  me  to  be  particular  on  the  sub- 
ject. 

You’ll  see  by  some  affidavits  sent  you,  the  soldiers  instead  of 
preserving  peace  among  us,  are  the  violaters  of  it;  they  are 
troublesome  and  make  a good  deal  of  disturbance. 

The  ministry  to  enforce  this  Revenue  Act,  have  put  the 
Nation,  I imagine,  to  above  a million  charge,  to  support  a plan 
every  one  now  must  be  convinced,  will  be  of  no  advantage,  but 
cause  great  Tumults  and  uneasiness  throughout  America,  be- 


MASSACHUSETTS  PAPERS. 


123 


sides  lessening  the  affection  and  Interest  between  the  Mother 
Country  and  her  Colonies. 

To  see  your  Interest  so  well  established  in  the  House  of 
Representatives,  I think  must  afford  you  a real  pleasure,  as  it 
gave  me,  to  find  you  had  every  vote  but  two  for  their  Agent. 
A good  harmony  between  you  and  Mr.  Bollam  may  be  much 
to  the  interest  of  the  Province,  at  this  critical  juncture,  when 
Governor  Bernard  goes  home  so  full  of  resentment.  A watch- 
ful eye  on  his  conduct,  you  will  doubtless  think,  very  neces- 
sary. 

I have  lately  talkt  with  Mr.  Pepperill,  who  soon  looks  for 
effects  from  Newfoundland,  which  he  assures  me  shall  come 
into  your  hands,  he  expresses  a concern  you  should  be  so  long 
out  of  your  money.  I will  not  be  remiss,  that  you  may  have 
it,  as  soon  as  possible. 

Some  demands  still  in  England  against  Smith’s  Estate  and 
the  slow  sale  of  the  goods,  causes  a delay  in  the  settlement. 
You  may  depend  on  my  attention  to  serve  your  interest. 

Our  whale  fishery  has  been  successful  this  season  which  is 
of  importance  to  our  trade  with  England. 

As  two  vessels  from  London  are  daily  look’t  for,  I promise 
myself  the  pleasure  of  hearing  from  you;  which  is  always 
pleasing  to, 

Dear  sir, 

Your  affectionate  and  humble  servant, 

RICHARD  CARY. 

P.  S.  When  you  come  to  read  the  Resolutions  of  the  House, 
their  Petition  to  the  King,  their  Messages,  &c.  you’ll  perhaps 
think  milder  proceedings  would  have  answered  salutary  pur- 
poses better,  but  prudence  and  moderation  does  not  seem 
virtues  with  some  people  among  us. 


124 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  RICHARD  CARY  TO  . 


July  26th. 

Dear  Sir: 

Since  writing  the  foregoing  I’ve  the  pleasure  of  jour’s  of  12 
May,  with  the  King’s  Speech  inclosed,  for  which  I thank  you. 

I see  great  uneasiness  prevails  among  you  as  well  as  among 
us,  and  unless  the  conduct  of  the  ministry  alters,  discontent 
and  complaints  will  prevail  in  both  Countrys.  Mr.  Cushing 
was  so  good  as  to  show  me  your  Letters  to  him. 

I wish  your  good  advice  may  be  attended  to.  Notwithstand- 
ing the  Sugar  Plum  from  the  ministry  that  the  Acts  shall  be 
repealed  next  session  of  Parliament,  perhaps  designed  to  make 
people  easy  here,  and  to  -write  for  goods  which  may  quiet  some 
uneasy  minds  with  you,  a partial  Repeal  is  to  little  purpose 
unless  the  arbitrary  obnoxious  Board  of  Commissioners  is  re- 
moved. 

The  Freer  our  Trade  the  better  for  our  Mother  Country,  so 
that  no  disadvantages  arise  to  her  manufactorys. 

I hear  Scott  was  not  going  up. 

Believe  me  to  be  very  sincerely, 

My  good  sir, 

Your  Faithful  Friend, 

RICHARD  CARY. 


LETTER  FROM  THOMAS  CUSHING  AND  OTHERS,  COMMITTEE, 
TO . 


Boston,  October  23, 1769. 

Sir: 

In  pursuance  of  the  directions  of  the  Town  of  Boston  we 
have  the  honor  to  transmit  you  a Pamphlet  containing  some 


MASSACHUSETTS  PAPERS. 


125 


observations  upon  divers  letters  and  memorials  wrote  by 
Governor  Bernard  and  others  wherein  the  Town  has  been 
injuriously  aspersed  and  its  inhabitants  grossly  misrepresented. 
Your  unwearied  endeavours  to  serve  the  Interest  of  this 
Province  and  the  American  Colonies  in  General,  have  been  ob- 
served with  pleasure  and  will  ever  be  had  in  grateful  remem- 
brance by  this  people,  and  we  are  persuaded  from  your  well 
known  attachment  to  the  cause  of  Liberty  that  you  will  exert 
yourself  in  behalf  of  this  injured  town  and  improve  their  vin- 
dication now  sent  you  in  such  a manner  as  will  best  serve  to 
set  their  character  in  a true  point  of  light  and  that  you  will 
also  employ  your  influence  to  obtain  the  removal  of  all  the 
grievances  the  Americans  at  present  labor  under.  The  inclosed 
Pamphlet  will  give  you  some  idea  what  relief  is  expected  by 
the  People  here,  they  will  never  think  their  grievances  are 
redressed  till  every  Revenue  Act  is  Repealed,  The  Board  of 
Commissioners  dissolved  and  the  Troops  removed,  and  things 
restored  to  the  State  they  were  in  before  the  late  measures  of 
Administration  were  taken.  These  things  being  accomplished 
we  doubt  not  that  the  Harmony  which  heretofore  subsisted  be- 
tween Great  Britain  and  the  Colonies  will  be  happily  restored, 
an  event  ardently  wished  for  by  every  Friend  to  the  British 
Empire. 

We  are  with  strict  truth, 

Sir,  Your  Obedient  humble  servants, 

THOMAS  CUSHING, 
SAMUEL  ADAMS, 
JOSEPH  WARREN, 

RI.  DANA, 

JOSHUA  HENSHAW, 
JOSEPH  JACKSON, 

BENJ.  KENT. 


Committee. 


126 


MASSACHUSETTS  PAPERS. 


COPY  OF  A LETTER  FROM  DENNIS  DE  BERDT  TO  THE  EARL  OF 
HILLSBOROUGH. 

London,  9th  Novem’er,  1769. 

My  Lord: 

In  obedience  to  your  Lordship’s  Commands  I here  inclose 
you  my  original  appointment  to  the  Agency  for  the  Lower 
Counties  on  Delaware. 

Since  I waited  on  your  Lordship  Last  Wednesday,  a ship 
has  arrived  from  Boston,  but  brings  me  no  letter. 

As  it  is  of  vast  importance  to  the  reputation  of  the  People  in 
that  Colony  to  have  an  opportunity  of  supporting  the  allega- 
tions in  their  Petition  to  his  majesty  against  Sir  Fran’s  Ber- 
nard, I am  obliged  to  insist  on  their  behalf  that  sufficient  time 
be  granted  them  for  that  purpose  in  case  he  is  resolved  to 
make  his  defence  before  the  King  in  Council,  otherwise  his 
majesty  can  have  an  opportunity  of  hearing  but  one  side  of  the 
question. 

As  I think  it  my  duty  to  inform  my  constituents  by  the  first 
conveyance  to  any  part  of  the  Continent  of  this  very  important 
proceeding  I must  beg  your  Lordship’s  immediate  answer,  for 
the  honor  and  reputation  of  Two  or  three  hundred  Thousand 
of  His  majesty’s  most  Loyal  and  Loving  subjects  may  depend 
much  on  the  event. 


COPY  OF  A LETTER  FROM  JOHN  POWNALL  TO  DENNIS  DE  BERDT. 

Whitehall,  Nov.  10,  1769. 

Sir: 

I am  Commanded  by  the  Earl  of  Hillsborough  to  acquaint 
you  in  answer  to  your  Letter  to  his  Lordship  of  the  8th  Instant 
that  the  Petition  to  His  Majesty  against  Sr.  Fran’s  Bernard 
which  you  mention  having  been  by  his  Majesty’s  Command 


MASSACHUSETTS  PAPERS. 


127 


referred  to  the  consideration  of  His  Privy  Council,  any  appli- 
cation you  have  to  make  touching  that  Petition  must  be  to  that 
Board. 

I am  further  Commanded  to  acquaint  you  that  the  Petition 
of  the  Assembly  of  the  Lower  Counties  on  Delaware,  which 
you  delivered  to  His  Lordship  has  been  laid  before  the  King. 

I am, 

Sir, 

Your  most  obed’t  humble  ser’vt. 

(Signed)  JOHN  POWNALL. 


PETITION  OF  DENNIS  DE  BERDT  TO  THE  KING. 

To  the  King’s  Most  Excellent  Majesty  in  Council: 

The  Humble  Petition  of  Dennys  De  Berdt  Agent  for  the 
House  of  Assembly  of  the  Massachusetts  Bay, 

Sheweth,  That  your  Petitioner  having  rec’ed  a Petition  to 
your  Majesty  which  according  to  the  direction  of  his  Constitu- 
ents, he  delivered  to  your  Majesty  in  person, 

The  said  Petition  tho’  full  of  Duty  and  affection  to  your 
Majesty’s  Person  and  Government  (of  which  they  have  espe- 
cially in  the  course  of  the  two  last  wars  given  undeniable 
evidence)  yet  containing  heavy  charges  and  grievous  com- 
plaints of  the  Administration  of  Sr.  Era’s  Bernard,  Baronet,  as 
thereby  more  fully  appears, 

Being  informed  by  the  Earl  of  Hillsborough  that  your 
Majesty  has  referred  the  consideration  thereof  to  your  Majesty 
in  Council,  and  as  your  Majesty’s  determination  thereon  must 
greatly  affect  many  thousands  of  your  Majesty’s  Dutiful  and 
Loyal  Subjects,  and  is  a matter  of  the  highest  importance, 

Your  Petitioner  earnestly  prays  in  behalf  of  the  said  People 
that  in  your  great  Wisdom  and  Justice,  your  Majesty  will  be 


128 


MASSACHUSETTS  PAPERS. 


pleased  to  grant  them  due  time  and  opportunity  to  make  good 
the  several  Allegations  contained  in  the  said  Petition. 

And  your  Petitioner, 

I shall  ever  pray. 

(Signed)  DENNYS  DE  BERDT. 

London,  13th  Nov.,  1769. 


LETTER  FROM  THOMAS  CUSHING  AND  OTHERS  TO  DENNIS  DE  BERDT. 

Boston,  29th  Decem’r,  1769. 

Sirs: 

The  Merchants  and  Traders  of  the  Town  of  Boston  having 
on  the  1st.  August  1768,  entered  into  an  agreement  not  to  send 
for  or  import  any  goods  from  Great  Britain  (some  few  Articles 
excepted)  from  the  1st.  January  1769  to  the  1st.  January  1770, 
and  as  this  agreement  was  near  expiring  on  the  17th  October 
last  they  entered  into  another  agreement  not  to  write  for  any 
goods  to  be  shipped  them  from  Great  Britain  untill  all  the 
revenue  Acts  imposing  duties  for  the  purpose  of  raising  a 
Revenue,  be  totally  Repealed,  at  the  signing  of  which  agree- 
ment it  was  expected  that  the  Merchants  at  New  York,  Phila., 
and  other  Colonies  would  come  into  a similar  agreement. 
They  were  accordingly  wrote  to  upon  the  subject,  but  as  they 
had  already  ordered  their  goods  to  be  shipped  in  case  the  Act 
imposing  Duties  on  Teas,  Glass,  &c.,  was  repealed,  for  this  and 
other  reasons  mentioned  in  their  letters,  they  declined  concur- 
ring with  us  at  present,  but  have  proposed  to  join  us  in  any 
Plan  that  may  be  thought  prudent  to  pursue  for  obtaining  the 
Repeal  of  the  Acts  of  the  1st  and  6th  of  George  the  third. 
The  Merchants  here  being  fully  convinced  that  it  is  of  the 
utmost  importance  that  the  Traders  in  all  the  Colonies  should 
act  upon  one  and  the  same  plan  have  agreed  to  conform  to  the 
agreement  entered  into  at  New  York  and  Philadelphia  and  to 
write  their  Correspondents  that  the  goods  they  have  and  may 


MASSACHUSETTS  PAPERS. 


129 


send  for  should  be  shipped  them,  on  this  express  condition 
that  the  Act  imposing  Duties  on  Tea,  Glass,  Paper,  and  Colours 
be  totally  repealed  and  not  other  ways  and  have  directed  their 
Committee  to  Confer  with  the  Committees  of  the  other  Colonies 
relating  to  their  Proposal  above  mentioned.  In  the  meantime 
as  the  Acts  of  the  4th  and  6th  George  the  third  Contain  many 
grievous  and  unreasonable  restrictions  upon  Trade  and  are  by 
far  the  most  exceptionable,  the  Merchants  here  have  thought 
it  necessary  to  make  some  observations  upon  these  Acts  as  also 
upon  the  conduct  of  the  Custom  House  officers  here,  that  our 
friends  in  Parliament  may  be  acquainted  with  the  difficulties 
the  Trade  labors  under  by  means  of  these  acts,  a number  of 
which  they  now  enclose  you,  which  we  doubt  not  you  will 
make  the  best  improvement  of. 

W e are  with  the  greatest  Eespect 

Your  most  obedient  and  hum’  servants, 

THOMAS  CUSHING, 
EDWARD  PAYNE, 
WM.  PHILLIPS, 

JNO.  BARRETT, 

WM.  MOSINENE, 
ISAAC  SMITH, 

JOHN  MASON, 

WM.  GREENLEAF, 
JOSEPH  WALDO. 

Dennis  De  Berdt,  Esq. 

N.  B.  The  Pamphlets  del’d  to  the  Care  of  Capt.  Carey. 


LETTER  FROM  THOMAS  CUSHING  TO  STEPHEN  SAYRE. 

Boston,  Jan.  1, 1770. 

Dear  Sir: 

I am  now  to  acknowledge  the  receipt  of  your  Favour  of  the 
21  September  last.  I wrote  you  before,  that  our  Merchants  had 

17 


130 


MASSACHUSETTS  PAPERS. 


agreed  not  to  Import  until  all  the  Revenue  Acts  were  repealed 
but  the  Merchants  at  New  York  and  Phila.,  as  they  had  already 
sent  their  orders  for  goods  to  be  shipped  on  condition  the  Act 
Imposing  a Duty  on  Tea  was  totally  Repealed  and  for  other 
reasons  declined  concurring  with  us  in  this  measure  but  have 
proposed  in  case  the  Acts  of  the  4th  and  6th  George  the  Third 
should  not  be  repealed  this  winter  to  join  us  in  some  effectual 
measures  to  obtain  the  Repeal  of  said  Acts,  and  the  Committee 
of  Merchants  here  are  directed  to  confer  with  them  upon  a plan 
for  that  purpose  in  the  meantime  and  the  Merchants  here  think- 
ing it  of  Importance  that  the  Merchants  thro’  the  Continent 
should  act  upon  one  and  the  same  plan  have  concurred  with 
those  at  New  York  and  Philadelphia  and  agreed  not  to  import 
until  the  Act  imposing  a Duty  on  Tea  &c.  is  totally  repealed 
and  have  made  some  observations  on  the  Acts  of  the  4th  and 
6th  of  George  the  Third,  that  our  Friends  in  Parliament  may 
be  thoroughly  acquainted  with  our  objections  to  those  Acts. 
Inclosed  you  have  one  of  the  Pamphlets  which  I doubt  not 
you  will  make  the  best  improvement  of.  Our  Merchants  re- 
main firm  to  their  Agreement;  as  evidence  of  it  they  have 
insisted  upon  the  reshipping  a parcel  of  goods  lately  arrived 
from  Bristol  which  were  sent  out  by  Mr.  Wm.  Jones  Merchant 
there,  and  the  vessel  on  which  they  are  laden  will  sail  in  a few 
days,  for  Bristol,  they  amount  to  above  Three  thousand  Pounds 
Sterling.  I hope  this  will  convince  the  People  on  your  side 
the  water  that  thus  we  are  in  earnest.  I hope  you  will  inform 
the  public  in  your  papers,  of  these  goods  being  returned  as 
well  as  those  by  Capt.  Briant.  The  Government  of  New  York 
have  lately  voted  to  supply  the  Troops  there,  which  has  occa- 
sioned great  uneasiness  there,  and  the  people  have  convened 
there  an  Amount  of  1400  and  sent  a Committee  to  their  Repre- 
sentatives to  let  them  know  that  they  disapprove  of  this  measure. 
The  general  Court  resent  this  Conduct  of  the  People,  what 
will  be  the  consequence  time  alone  will  discover.  I hope  and 


MASSACHUSETTS  PAPERS. 


131 


pray  that  we  may  obtain  relief  this  winter,  if  not  I dread  the 
Consequence. 

I conclude  with  respect, 

Y’r  most  humble  Servant 

THOMAS  CUSHING. 

Mr.  Stephen  Sayre. 


LETTER  FROM  THOMAS  CUSHING  AND  OTHERS  TO 
DENNIS  DE  BERDT. 

Boston,  30  January,  1770. 

Sir: 

As  there  are  many  Persons  among  us  whose  Disposition  is 
to  represent  every  occurrence  here  as  much  to  the  disadvan 
tage  of  this  Town  and  Province  as  possible  and  from  the  late 
transactions  of  the  merchants  here  we  are  apprehensive  many 
misrepresentations  will  be  made  on  your  side  the  water,  to  pre- 
vent the  bad  impressions  of  which  we  beg  leave  to  lay  before 
you  a candid  and  fair  state  of  the  whole  matter  and  accordingly 
now  enclose  you  the  Boston  Gazette  in  which  is  inserted  a par- 
ticular and  faithful  account  of  the  proceedings  of  the  Mer- 
chants and  Traders  of  this  Town  at  a late  meeting  which  was 
occasioned  by  the  efforts  of  some  persons  to  render  abortive 
the  non-importation  agreement.  A few  people  who  had  agreed 
to  store  their  goods  until  a general  importation  might  take 
place  had  lately  violated  their  agreement,  some  by  .removing 
their  goods,  particularly  Messrs.  Thomas  and  Elisha  Hutchin- 
son, sons  to  the  Lieut.  Governor  who  had  imported  a consider- 
able Quantity  of  Tea  and  had  according  to  agreement  stored 
and  put  the  same  under  the  Care  of  the  Committee  of  Inspec- 
tion and  delivered  them  the  Key,  late  on  Saturday  night  the 
6th  Inst,  they  found  means  to  get  into  the  store  where  the  Tea 
was  lodged  and  in  a clandestine  manner  carried  it  off  with  a 


132 


MASSACHUSETTS  PAPERS. 


declared  intention  of  selling  the  same  and  part  of  them  upon 
examination  it  was  found  were  actually  sold.  From  this  con- 
duct of  theirs  others  took  courage  and  publicly  gave  out  that 
they  intended  to  sell  their  goods  and  some  few  did  actually 
sell.  This  greatly  alarmed  the  Trade,  many  of  whom  said  that 
in  case  the  Conduct  of  those  Persons  passed  unnoticed  they 
would  immediately  transmit  orders  for  goods  to  be  shipped 
forthwith  whether  the  Eevenue  Acts  were  repealed  or  not,  by 
this  means  the  Agreement  at  this  critical  time,  it  was  highly 
probable,  would  be  destroyed:  the  consequences  of  which 
might  perhaps  be  fatal  as  it  would  not  only  destroy  our  credit 
with  the  merchants  in  the  other  Governments,  but  have  a direct 
tendency  to  weaken  the  hands  of  our  Friends  and  strengthen 
those  of  our  Enemies  on  your  side  the  Water  and  so  might  be 
the  means  of  preventing  the  Eevenue  Acts  being  repealed.  It 
was  therefore  Judged  to  be  absolutely  necessary  to  call  a meet- 
ing of  the  Merchants  and  Traders  and  others  connected  with  Trade, 
to  consider  of  some  legal  and  spirited  measures  to  prevent  the 
non-importation  agreement  being  rendered  abortive.  As  peo- 
ple in  general  were  uneasy  at  the  conduct  of  these  few  persons 
which  it  was  apprehended  was  in  pursuance  of  a formed  and 
settled  Plan  to  render  void  the  agreement.  The  meetings  held 
upon  this  occasion  were  large  but  everything  was  conducted 
with  the  utmost  order,  peace  and  decorum.  As  repeated  appli- 
cations has  been  made  to  these  delinquents  by  Committees 
whom  they  only  trifled  with,  it  was  judged  expedient  and  law- 
ful for  the  whole  body  to  wait  upon  them  and  demand  a com- 
pliance with  their  Agreement.  This  measure  was  thought  to 
be  more  necessary  at  this  time  as  our  brethren  in  the  other 
governments  complained  of  our  want  of  spirit,  that  our  mea- 
sures were  too  lax  and  in  short  began  to  grow  very  jealous  of 
us;  The  Trade  were  forced  of  convincing  of  them  that  they 
were  in  earnest  and  at  the  same  time  chose  carefully  to  avoid 
every  measure  that  had  the  least  appearance  of  Illegality.  This 
Measure  therefore  was  proposed  as  one  well  adapted  to  con- 


MASSACHUSETTS  PAPERS. 


133 


vince  them  of  our  zeal  in  the  cause ; however  the  Commissioners 
and  those  who  expected  to  reap  any  advantage  from  the  Eevenue 
Acts,  clamoured  about  the  meeting,  said  that  it  was  unwarrant- 
able and  that  the  proceedings  were  illegal,  but  what  they  chiefly 
objected  to  was  the  whole  body  going  to  the  Houses  and  Stores 
of  these  people  and  they  represented  as  if  the  Trade  had 
demanded  their  Goods  and  Money,  which  upon  perusing  the 
account  enclosed  you  will  find  is  very  far  from  the  truth.  The 
Body  only  waited  upon  some  particular  persons  and  informed 
them  that  it  appeared  from  the  report  of  their  Committee  that 
they  had  violated  their  agreement  and  demanded  of  them  the 
restoring  such  goods  to  the  care  of  the  Committee  as  they  had 
taken  from  their  care  and  ivhich  they  had  agreed  should  he  stored 
and  kept  until  a general  Importation  might  take  place , in  other 
words  it  was  only  peremptorily  demanding  of  them  the  fulfill- 
ment of  the  agreement  which  they  had  voluntarily  made  with 
the  Trade.  This  the  Body  apprehended  they  had  an  undoubted 
right  to  do,  this  they  thought  it  was  necessary  to  do  in  order  to 
preserve  their  Credit.  It  was  the  last  step,  that  could  be  taken 
and  after  having  in  this  manner  done  their  Duty  they  determined 
to  justify  themselves  to  their  Brethren  thro’  the  Continent  and 
publish  the  names  of  these  delinquents  to  the  world,  that  they 
might  meet  with  all  that  neglect  and  contempt  they  deserved 
from  all  who  are  well  wishers  to  this  Country. 

The  Lieut.  Governor  convened  his  Council  upon  this  occa- 
sion and  laid  before  them  the  proceedings  of  the  meeting;  he 
proposed,  as  we  are  informed,  the  Issuing  a Proclamation 
Enjoining  and  requiring  the  People  assembled  to  disperse,  but 
they  would  not  advise  to  it,  he  then  proposed  as  we  are  also 
informed,  going  himself  to  the  meeting  to  enjoin  them  to 
disperse,  neither  would  they  advise  to  this,  he  made  several 
other  proposals  but  to  no  purpose.  They  met  indeed  from  day 
to  day  but  as  they  did  not  apprehend  the  Peace  of  the  Town 
was  in  any  danger  they  did  not  seem  inclined  to  discountenance 
the  meetings  or  to  do  anything  that  might  give  a check  to  the 


134 


MASSACHUSETTS  PAPERS. 


measures  that  were  pursuing  in  order  to  prevent  the  non 
Importation  agreement’s  being  broke.  At  last  his  Honor,  the 
Lieut.  Governor,  not  by  advice  of  Council,  but  without  their 
Privity  or  knowledge,  sent  a paper  to  the  Meeting  enclosed  in 
a Letter  to  their  Moderator,  Copys  of  which  you  have  inserted 
in  the  Newspapers.  Afterwards  His  Honor  made  mention  of 
this  Letter  and  paper  to  his  Council  upon  which  they  passed  a 
Yote  by  a Majority  of  one  in  substance  as  follows.  That  this 
Board  approve  of  his  Honor  the  Lieut.  Governor’s  sending  the 
said  letter  and  paper  to  the  people  met  at  Faneuil  Hall  and  that 
it  was  altogether  unnecessary  for  the  Board  to  interfere  in  this 
affair.  So  it  appears  from  this  account  of  the  matter  that  the 
Board  considering  his  Honor’s  station  thought  it  not  amiss  in 
him  to  show  some  discountenance  to  the  proceedings  of  this 
meeting  and  approved  of  his  sending  the  Letter  as  Commander 
in  Chief,  but  it  seems  were  not  disposed  to  interpose  their 
authority  in  this  affair  by  advising  to  any  measure  that  would 
discountenance  the  meeting  or  interrupt  their  proceedings. 
His  Honor  also  Cited  the  Justices  of  the  County  of  Suffolk  to 
meet  him  and  acquainted  them  also  with  the  proceedings  of  this 
meeting  and  desired  them  to  consider  what  was  proper  to  be 
done  by  them  relative  to  this  matter.  The  result  of  their 
Consultations  you  have  in  their  answer  to  his  Honor,  which  is 
inserted  in  the  Boston  Gazette  of  the  29th  Instant;  by  their 
answer  it  appears  they  pass  over  the  meeting  in  silence  and  did 
not  judge  that  there  was  any  particular  call  at  this  time  for  any 
exertions  of  theirs. 

We  have  not  the  least  reason  to  doubt  that  according  to 
custom  the  worst  construction  possible  will  be  put  upon  these 
proceedings  of  the  Merchants  and  others,  that  every  circum- 
stance will  be  aggravated  and  such  a colouring  given  to  the 
whole  of  the  Transactions  as  may  make  the  most  unfavourable 
impressions.  You  will  excuse  us  therefore  in  being  so  par- 
ticular in  our  accouut  of  this  meeting  and  of  the  Occasion  and 
Design  of  it,  as  you  will  hereby  be  enabled  to  set  it  in  its  true 


MASSACHUSETTS  PAPERS. 


135 


light  and  we  are  persuaded  from  your  well  kuown  regard  to  the 
true  Interest  of  this  Town  and  Province  and  from  your  repeated 
exertions  in  their  favor  that  nothing  in  your  power  will  be 
wanting  to  defend  us  against  the  ill  natured  suggestions  and 
cruel  misrepresentations  of  those  who  have  been  and  still  are 
disposed  by  every  art  in  their  power  to  injure  us. 

W e are  with  great  regard 

Your  most  humble  servants, 
THOMAS  CUSHING, 

WM.  PHILLIPS, 

JOHN  HANCOCK, 

ISAAC  SMITH, 
HENDERSON  INCHES, 
JNO.  BARRETT, 

WM.  GREENLEAF, 
EBENEZER  STORER, 
JOHN  MASSON, 

JOSEPH  WALDO, 

W.  MOLINEAUX. 

To  Dennis  De  Berdt,  Esq. 


LETTER  FROM  JAMES  BOWDOIN  AND  OTHERS  TO  — . 

Boston,  New  England,  March  23rd,  1770. 

Sir: 

It  is  in  consequence  of  an  appointment  of  the  Town  of 
Boston  that  we  have  the  honor  of  writing  to  you,  and  of  com- 
municating the  enclosed  narrative,  relative  to  the  massacre  in 
this  Town  on  the  5th  Instant. 

After  that  execrable  deed,  perpetrated  by  Soldiers  of  the 
29th  Regiment,  the  Town  thought  it  highly  expedient,  that  a 
full  and  just  representation  of  it  should  be  made  to  Persons  of 
Character  as  soon  as  may  be,  in  order  to  frustrate  the  designs 


186 


MASSACHUSETTS  PAPERS. 


of  certain  men  who,  as  they  have  heretofore  been  plotting  the 
ruin  of  our  Constitution  and  Liberties,  by  their  Letters,  Me- 
morials and  Representations,  are  now  said  to  have  procured 
depositions  in  a private  manner,  relative  to  the  said  Massacre 
to  bring  an  odium  upon  the  Town  as  the  aggressors  in  that 
affair.  But  we  humbly  apprehend  that  after  examining  the 
said  Narrative,  and  the  Depositions  annexed  to  it,  you  will  be 
fully  satisfied  of  the  Falsehood  of  such  a suggestion;  and  we 
take  upon  ourselves  to  declare  upon  our  honor  and  consciences, 
that  having  examined  critically  into  the  matter,  there  does 
not  appear  the  least  ground  for  it. 

The  Depositions  referred  to  (if  any  such  there  be)  were 
taken  without  notifying  the  Selectmen  of  the  Town,  or  any 
other  Persons  whatever,  to  be  present  at  the  Caption  in  behalf 
of  the  Town : which,  as  it  has  been  a thing  justly  complained 
of  heretofore  in  some  other  cases,  so  the  Town  now  renew 
their  complaints  on  the  same  head;  and  humbly  presume  such 
Depositions  will  have  no  weight  till  the  Town  has  been  served 
with  Copies  of  them,  and  an  opportunity  given  them  to  be 
heard  in  their  defence  in  this  matter,  and  in  any  other,  wherein 
their  character  is  drawn  into  Question  with  a view  of  passing 
a censure  upon  it. 

A different  conduct  was  observed  on  the  Part  of  the  Town : 
The  Justices  with  a Committee  to  attend  them  made  their 
examinations  publicly  ; most  of  them  at  Faneuil  Hall  and  the 
rest  where  any  persons  might  attend.  Notifications  were  sent 
to  the  Custom  House  where  the  Commissioners  of  the  Customs 
sit,  that  they  or  any  persons  in  their  behalf  might  be  present 
at  the  Captions;  and  accordingly  Mr.  Sheaflfe,  the  Deputy 
Collector,  and  Mr.  Green,  Tenant  of  the  Custom  House  under 
the  Commissioners  and  employed  by  them,  were  present  at 
many  of  them. 

One  of  said  Commissioners  Mr.  Robinson,  in  a secret  manner 
has  embarked  on  board  Capt.  Robson,  and  sailed  for  London 
the  16th  Instant;  which  with  Three  of  the  other  Commissioners 


MASSACHUSETTS  PAPERS. 


137 


mtiring  from  the  Town,  and  not  having  held  a Board  for  some 
time  since  the  5th  Instant,  gives  reason  to  apprehend  they  have 
lanned,  and  are  executing  a scheme  of  misrepresentation,  to 
induce  Administration  to  think  that  their  persons  are  not  in 
safety  in  this  town  in  the  absence  of  Troops.  But  their  safety 
is  no  way  dependent  on  Troops ; for  you  are  sensible,  sir,  that 
if  any  evil  had  ever  been  intended  them,  troops  could  not  have 
prevented  it. 

It  was  so  apparently  incompatible  with  the  safety  of  the 
Town  for  the  Troops  to  continue  any  longer  in  it,  that  His 
Majesty’s  Council  were  unanimous  in  their  advice  to  the  Lieu- 
tenant Governor  that  they  should  be  removed  to  the  Barracks 
at  Castle  Island  and  it  is  the  humble  and  fervent  prayer  of  the 
Town,  and  the  Province  in  General,  that  His  Majesty  will 
graciously  be  pleased,  in  his  great  wisdom  and  goodness,  to 
order  the  said  Troops  out  of  the  Province ; and  that  his  dutiful 
and  loyal  subjects  of  this  Town  and  Province — dutiful  and 
loyal  notwithstanding  any  representations  to  the  contrary — may 
not  again  be  distressed  and  destroyed  by  Troops;  for  prevent- 
ing which  we  beg  leave  in  behalf  of  the  Town,  to  request 
most  earnestly  the  favor  of  your  interposition  and  influence. 
We  have  the  Honor  to  be  with  the  most  perfect  regard, 

Sir, 

Your  most  obedient  and  very  humble  Servants, 

JAMES  BOWDOIN, 
SAM’L  PEMBERTON, 
JOSEPH  WARREN. 


18 


138 


MASSACHUSETTS  PAPERS. 


LETTER  FROM  THOMAS  CUSHING  AND  OTHERS  TO 
BENJAMIN  FRANKLIN. 


Boston,  July  13th,  1770. 

Sir: 

It  affords  very  great  satisfaction  to  the  Town  of  Boston  to 
find  that  the  narrative  of  the  horrid  massacre  perpetrated  here 
on  the  5th  of  March  last,  which  was  transmitted  to  London, 
has  had  the  desired  effect:  by  establishing  truth  in  the  minds 
of  honest  men  and  in  some  measure  preventing  the  odium  be- 
ing cast  on  the  Inhabitants,  as  the  aggressors  in  it.  We  were 
very  apprehensive  that  all  attempts  would  be  made  to  gain  this 
advantage  against  us,  and  as  there  is  no  occasion  to  think,  that 
the  malice  of  our  enemies  is  in  the  least  abated,  it  has  been 
thought  necessary  that  our  friends  on  your  side  of  the  water 
should  have  a true  state  of  the  Circumstances  of  the  Town  and 
of  everything  which  has  materially  occurred  since  the  removal 
of  the  Troops  to  the  Castle.  For  this  purpose  we  are  appointed 
a Committee.  But  the  time  will  not  admit  of  our  writing  so 
fully  by  this  conveyance,  as  we  intend  by  the  next,  in  the 
mean  time  we  intreat  your  further  friendship  for  the  Town,  in 
your  endeavours  to  get  the  judgment  of  the  Public  suspended 
upon  any  representation  that  may  have  been  made,  by  the 
Commissioners  of  the  Customs  and  others,  until  the  Town  can 
have  the  opportunity  of  knowing  what  is  alleged  against  it  and 
of  answering  for  itself.  We  must  confess  that  we  are  aston- 
ished to  hear  that  the  Parliament  had  come  to  the  determina- 
tion to  admit  garbled  extracts  from  such  letters  as  may  be 
received  from  America  by  Administration  and  to  conceal  the 
names  of  the  Persons  who  may  be  the  writers  of  them.  This 
will  certainly  give  great  encouragement  to  Persons  of  wicked 
intentions  to  abuse  the  nation  and  abuse  the  Colonies  in  the 
grossest  manner  with  impunity  or  even  without  detection.  For 
a confirmation  hereof  we  need  to  recur  no  further  back  than  a 


MASSACHUSETTS  PAPERS. 


139 


few  months,  when  undoubtedly  the  accounts  and  Letters  carried 
by  Mr.  Bobson  would  have  been  attended  with  very  unhappy, 
if  not  fatal  effects,  had  not  this  Town  been  so  attentive  as  to 
have  contradicted  those  false  accounts  by  the  Depositions  of 
many  credible  persons  under  oath.  But  it  cannot  be  supposed 
that  a Community  will  be  so  attentive  but  upon  the  most 
alarming  events.  In  general  Individuals  are  following  their 
private  concerns,  while  it  is  to  be  feared  the  restless  adversaries 
are  forming  the  most  dangerous  Plans  for  the  ruin  of  the  Eepu- 
tation  of  the  People,  in  order  to  build  their  own  greatness  on 
the  destruction  of  their  Liberties.  This  game  they  have  been 
long  playing;  and  though  in  some  few  Instances  they  have  had 
a losing  hand  yet  they  have  commonly  managed  with  such  art, 
that  they  have  so  far  succeeded  in  their  malicious  designs  as  to 
involve  the  Nation  and  the  Colonies  in  Confusion  and  distress. 
This  it  is  presumed  they  never  could  have  accomplished  had 
not  those  very  letters  been  kept  from  the  view  of  the  public, 
with  a design  perhaps  to  conceal  the  falsehood  of  them  the 
discovery  of  which  would  have  prevented  their  having  any 
mischievous  effects.  This  is  the  game  which  we  have  reason 
to  believe  they  are  now  playing  with  so  much  secrecy  as  may 
render  it  impossible  for  us  fully  to  detect  them  on  this  side  the 
water:  How  deplorable  then  must  be  our  condition,  if  ample 
credit  is  to  be  given  to  their  Testimonies  against  us,  by  the 
Government  at  home  and  if  the  names  of  our  accusers  are  to  be 
kept  a profound  secret,  and  the  world  is  to  see  only  such  parts 
or  parcels  of  their  Eepresentations  as  Persons,  who  perhaps 
may  be  interested  in  their  favor,  shall  think  proper  to  hold  up. 
Such  a conduct  if  allowed,  seems  to  put  it  into  the  power  of  a 
few  designing  men  to  deceive  a nation  to  its  ruin.  The  mea- 
sures which  have  been  taken  in  consequence  of  Intelligence 
managed  with  such  secrecy  have  already  to  a very  great  degree 
lessened  that  mutual  confidence  which  had  ever  subsisted  be- 
tween the  mother  Country  and  the  Colonies  and  must  in  the 
natural  course  of  things  totally  alienate  their  affections  towards 


140 


MASSACHUSETTS  PAPERS. 


each  other  and  consequently  weaken  and  in  the  end  destroy 
the  power  of  the  Empire.  It  is  in  this  extended  view  of  things 
that  our  minds  are  affected.  It  is  from  these  apprehensions 
that  we  earnestly  wish  that  all  communication  between  the  two 
Countries  of  a public  nature,  may  be  unvailed  before  the  pub- 
lic, with  the  names  of  the  persons  who  are  concerned  therein, 
then  and  not  till  then  will  American  affairs  be  under  the  direc- 
tion of  honest  men,  who  are  never  afraid  or  ashamed  of  the 
light.  And  as  we  have  abundant  reason  to  be  jealous  that  the 
most  mischievous  and  virulent  accounts  have  been  very  lately 
sent  to  Administration  from  Castle  William  where  the  Commis- 
sioners have  again  retreated  for  no  reason  that  we  can  conceive, 
but  after  their  former  manner  to  misrepresent  and  injure  this 
Town  and  Province,  we  earnestly  entreat  that  you  would  use 
your  utmost  influence  to  have  an  order  passed  that  the  whole  of 
the  Packetts  sent  by  the  Commissioners  of  the  Customs  and 
others  under  the  care  of  one  Mr.  Bacon,  late  an  officer  of  the 
Customs  in  Virginia,  who  took  his  passage  the  last  week  in  the 
Brigantine  Lydia,  Joseph  Wood,  Commander,  may  be  laid  be- 
fore his  Majesty  in  Council. 

If  the  writers  of  those  letters  shall  appear  to  be  innocent,  no 
harm  can  possibly  arise  from  such  a measure ; if  otherwise,  it 
may  be  the  means  of  explaining  the  true  cause  of  the  National 
and  Colonial  malady,  and  of  affording  an  easy  remedy,  and 
therefore  the  measure  may  be  justified  and  applauded  by  all 
the  world. 

We  have  observed  in  the  English  Papers  the  most  notorious 
of  falsehoods  published  with  an  apparent  design  to  give  the 
world  a prejudice  against  this  Town,  as  the  aggressors  in  the 
unhappy  transaction  of  the  5th  of  March,  but  no  account  has 
been  more  repugnant  to  the  truth,  than  a paper  printed  in  the 
public  Advertiser  of  the  20th  of  April  which  is  called  The  case 
of  Capt.  Preston.  As  a Committee  of  this  Town  we  thought 
ourselves  bound  in  faithfulness  to  wait  on  Capt.  Preston  to  in- 
quire of  him  whether  he  was  the  Author — he  frankly  told  us 


MASSACHUSETTS  PAPERS. 


141 


that  he  had  drawn  a state  of  his  case,  hut  that  it  had  passed 
through  different  hands  and  was  altered  at  different  times  and 
finally  the  Publication  in  the  Advertiser  was  varied  from  that 
which  he  sent  home  as  his  own.  W e then  desired  him  to  let  us 
know  whether  several  parts  which  we  might  point  to  him  and 
to  which  we  took  exceptions  were  his  own,  but  he  declined 
satisfying  us  herein,  saying  that  the  alterations  were  made  by 
Persons  who  he  supposed  might  aim  at  serving  him,  though 
he  feared  they  might  have  a contrary  effect,  and  that  his  dis- 
criminating to  us  the  parts  of  it  which  were  his  own  from  those 
which  had  been  altered  by  others  might  displease  his  friends 
at  a time  when  he  might  stand  in  need  of  their  essential  service ; 
this  was  the  substance  of  the  conversation  between  us,  where- 
upon we  retired  and  wrote  to  Capt.  Preston  a Letter  the  copy 
of  which  is  now  enclosed. 

The  next  day  not  receiving  an  answer  from  Capt.  Preston  at 
the  time  we  proposed,  we  sent  him  a message  desiring  to  be 
informed  whether  we  might  expect  his  answer,  to  which  he 
replied  by  a verbal  message  as  ours  was  that  he  had  nothing 
further  to  add  to  what  he  had  said  to  us  the  day  before,  as 
you’ll  please  to  observe  by  the  enclosed  certificate — 

As  therefore  Capt.  Preston  has  utterly  declined  to  make  good 
the  charges  against  the  Town  in  the  Paper  called  his  case,  or  to 
let  us  know  to  whom  we  may  apply  as  the  Author  or  Authors 
of  those  parts  which  he  might  have  disclaimed,  and  especially 
as  the  whole  of  his  case  thus  stated  directly  militates  not  only 
with  his  own  letter  published  under  his  own  hand  in  the  Boston 
Gazette,  but  with  Depositions  of  others  annexed  to  our  narra- 
tive which  were  taken,  not  behind  the  Curtain  as  some  may 
have  been,  but  openly  and  fairly  after  notifying  the  parties 
interested,  and  before  magistrates  to  whose  credit  the  Governor 
of  the  Province  has  given  his  full  attestation  under  the  Province 
Seal,  we  cannot  think  that  the  papers  called  the  Case  of  Capt. 
Thomas  Preston , or  any  other  papers  of  the  like  import,  can  be 
deemed  in  the  opinion  of  the  sensible  and  impartial  part  of 


142 


MASSACHUSETTS  PAPERS. 


mankind  as  sufficient  in  the  least  degree  to  prejudice  the  cha- 
racter of  the  Town.  It  is  therefore  altogether  needless  for  us 
to  point  out  the  many  falsehoods  contained  in  this  paper ; nor 
indeed  would  there  be  time  for  it  at  present  for  the  reason 
above  mentioned.  We  cannot  however  omit  taking  notice  of 
the  artifice  made  use  of  by  those  who  drew  up  the  statement 
in  insinuating  that  it  was  the  design  of  the  people  to  plunder 
the  King’s  Chest,  and  for  the  more  effecting  that  to  murder  the 
Centinel  posted  at  the  Custom  House  where  the  money  was 
lodged.  This  Intelligence  is  said  to  have  been  brought  to 
Capt.  Preston  by  a Townsman  who  assured  him  that  he  heard 
the  mob  declare  they  would  murder  the  Centinel.  The  townsman 
probably  was  one  Greenwood,  a servant  to  the  Commissioners, 
whose  deposition  Ho.  96  is  inserted  among  others  in  the  narrative 
of  the  Town,  and  of  whom  it  is  observed  in  a marginal  note 
that  “ Through  the  whole  of  his  examination  he  was  so  incon- 
“ sistent  and  so  frequently  contradicted  himself  that  all  present 
“ were  convinced  that  no  credit  ought  to  be  given  to  his  de- 
“ position,  for  which  reason  it  would  not  have  been  inserted 
“had  it  not  been  known  that  a deposition  was  taken  relating  to 
“this  affair,  from  this  Greenwood  by  Justice  Murray  and 
“ carried  home  by  Mr.  Robinson,”  and  further,  “ this  deponent 
“ is  the  only  person  out  of  a great  number  of  witnesses  exa- 
“ mined  who  heard  anything  mentioned  of  the  Custom  House.” 
Whether  this  part  of  the  Case  of  Capt.  Preston  was  inserted 
by  himself  or  some  other  person  we  are  not  told  : It  is  very 
much  to  be  questioned  whether  the  information  was  given  by 
any  other  than  Greenwood  himself,  and  the  sort  of  Character 
which  he  bears  is  so  well  known  to  the  Commissioners  and 
their  connections  some  of  whom  probably  assisted  Capt.  Pres- 
ton in  stating  his  case,  as  to  have  made  them  ashamed  if  they 
regarded  the  truth  to  have  given  the  least  credit  to  what  he 
said.  Whoever  may  have  helped  them  to  this  intelligence,  we 
will  venture  to  say,  that  it  never  has  been  and  never  can  be 
supported  by  the  testimony  of  any  man  of  tolerable  reputation. 


MASSACHUSETTS  PAPERS. 


143 


We  shall  only  observe  upon  this  occasion,  bow  inveterate  our 
enemies  here  are,  who  rather  than  omit  what  they  might  think 
a lucky  opportunity  of  slandering  the  Town,  have  wrought  up 
narrative  not  only  unsupported  by,  but  contrary  to  the  clearest 
evidence  of  facts  and  have  even  prevailed  upon  an  unhappy 
man  under  pretence  of  friendship  to  him,  to  adopt  it  as  his 
own.  Though  they  must  have  known  with  a common  share  of 
understanding  that  its  being  published  to  the  world  as  his  own 
must  have  injured  him,  under  his  present  circumstances,  in  the 
most  tender  point,  and  so  shocked  was  Capt.  Preston  himself 
at  its  appearing  in  the  light  on  this  side  the  water,  that  he  was 
immediately  apprehensive  so  glaring  a falsehood  would  raise  the 
indignation  of  a people  to  such  a pitch  as  to  prompt  them  to 
some  attempts  that  would  be  dangerous  to  him,  and  he  accord- 
ingly applied  to  Mr.  Sheriff  Gij^enleaf  for  special  protection  on 
that  account.  But  the  Sheriff  assuring  him  that  there  was  no 
such  disposition  appearing  among  the  people  (which  is  an 
undoubted  truth)  Capt.  Preston’s  fears  at  length  subsided,  and 
he  still  remains  in  safe  custody,  to  be  tried  by  the  Superior 
Court  of  Judicature,  at  the  next  term  in  August,  unless  the 
Judges  shall  think  proper  further  to  postpone  the  trial,  as  they 
have  done  for  one  whole  term,  since  he  was  indicted  by  the 
Grand  Jury. 

Before  we  conclude  it  may  not  be  improper  to  observe  that 
the  removal  of  the  Troops  was  in  the  slowest  order,  insomuch 
that  eleven  days  were  spent  in  carrying  the  two  Begiments  to 
Castle  Island,  which  had  before  landed  in  the  Town  in  less  than 
forty -eight  hours,  yet  in  all  this  time,  while  the  number  of  the 
Troops  was  daily  lessening,  not  the  least  disorder  was  made  by 
the  inhabitants,  tho’  filled  with  a just  indignation  and  horror  at 
the  blood  of  their  fellow  citizens,  so  inhumanely  spilt ! And 
since  their  removal  the  common  soldiers  have  frequently  and 
even  daily  come  up  to  the  Town  for  necessary  provisions,  and 
some  of  the  officers,  as  well  as  several  of  the  families  of  the 
soldiers  have  resided  in  the  Town  and  done  business  therein 


144 


MASSACHUSETTS  PAPERS. 


without  the  least  molestation;  yet  so  hardy  have  our  Enemies 
been  as  to  report  in  London  that  the  enraged  populace  had 
hanged  up  Capt.  Preston. 

The  strange  and  irreconcileable  conduct  of  the  Commissioners 
of  Customs  since  the  5th  of  March — their  applying  for  leave 
to  retire  to  the  Castle  so  early  as  the  tenth,  and  spending  their 
time  in  making  excursions  into  the  Country  ’till  the  20th  of 
June  following,  together  with  other  material  circumstances  are 
the  subject  of  our  present  enquiry,  the  result  of  which  you  will 
be  made  acquainted  with  by  the  next  conveyance.  In  the 
mean  time  we  remain  with  strict  truth, 

Sir, 

Your  much  obliged  and  most  obedient  servants, 

THOMAS  CUSHING, 

, R.  DANA, 

SAM’L  ADAMS, 

JOHN  HANCOCK, 

WM.  PHILLIPS, 

WM.  MOLINEUX, 
EBENEZER  STORER, 
WM.  GREENLEAF. 

To  Benjamin  Franklin,  Esq. 


A COPY  OF  LIEUTENANT  GOVERNOR  HUTCHINSON’S  ORDERS  TO 
CAPTAIN  JOHN  PHILLIPS. 

Having  received  by  a Letter  of  the  6th  of  July  last  from  the 
Right  Honourable  the  Earle  of  Hillsborough  a signification  of 
his  Majesty’s  pleasure  that  the  Company  doing  Duty  in  Castle 
William  be  withdrawn  and  that  the  possession  of  the  Fort  be 
delivered  to  an  officer  of  the  Regular  Forces,  and  that  the 
Garrison  consist  of  these  Forces,  You  are  therefore  directed  to 
deliver  the  Possession  of  the  Fort  to  Lieutenant  Colonel  Dal- 


MASSACHUSETTS  PAPERS. 


145 


rymple  and  to  such  Detachment  of  the  Regular  Forces  now 
upon  the  Island  as  he  shall  order.  Given  under  my  hand  at 
Boston  the  10th  day  of  September  1770. 

J.  HUTCHINSON. 

To  Capt.  John  Phillips, 

Or  in  his  absence  to  the  Commanding  officer  of  the  Garrison 
at  Castle  "William. 


PROCEEDINGS  OF  THE  COUNCIL  OF  MASSACHUSETTS. 

In  Council  October  4, 1770. 

One  of  the  members  of  the  Board  having  acquainted  the 
Board  that  he  had  seen  a Deposition  signed — Andrew  Oliver — 
which  was  published  in  the  Appendix  to  a Pamphlet  lately 
printed  in  London  in  which  Deposition  divers  Gentlemen  of 
the  Council  (which  consisted  of  Eight  Members  then  present, 
therein  said  to  be  convened  on  the  5th  day  of  March  last)  are 
represented  as  having  made  such  a Declaration  to  His  Honour 
the  Lieut.  Governor  respecting  a plan  formed  by  the  People  to 
remove  the  King’s  Troops  and  the  Commissioners  of  the  Cus- 
toms from  the  Town  of  Boston,  as  was  likely  to  be  attended 
with  the  most  pernicious  consequences  to  this  Province : He 
thereupon  moved  that  the  Board  would  make  inquiry  of  the 
Gentlemen  of  which  said  Council  consisted  what  foundation 
there  was  for  such  a Representation — which  motion  being  re- 
corded the  Board  desired  said  Gentlemen,  namely,  Mr.  Danforth, 
Mr.  Erving,  Mr.  Hubbard,  Mr.  Gray,  Mr.  Russell,  Mr.  Tyler, 
Mr.  Pitts  and  Mr.  Dexter,  to  prepare  a true  state  of  the  matter 
and  lay  the  same  before  the  Board  as  soon  as  may  be. 

JNO.  COTTON,  D.  Secr’y. 

A true  Copy,  Attest-. 

JNO.  COTTON,  D.  Secr’y. 

19 


116 


MASSACHUSETTS  PAPERS. 


The  Committee  appointed  by  the  Hon’ble  Board  on  the  4th 
of  October  instant  to  inquire  what  foundation  there  was  for 
the  Representations  made  in  the  Deposition  signed  Andrew 
Oliver,  published  in  the  Appendix  to  a Pamphlet  published  in 
London,  and  to  prepare  a true  state  of  that  matter  and  lay 
the  same  before  the  Board  having  (as  far  as  they  are  able) 
recollected  the  proceedings  had  in  Council  the  6tli  and  7th 
of  March  last  and  the  Declaration  of  Royal  Tyler,  Esq.,  and 
other  members  of  Council  (so  far  as  those  proceedings  and 
Declarations  are  referr’d  to  in  Mr.  Oliver’s  Deposition).  What 
your  Committee  can  severally  recollect,  being  comprised  in 
their  respective  Depositions  accompanying  this  their  Report 
they  take  leave  to  lay  the  same  before  the  Hon’ble  Board  for 
their  consideration. 

SAM’L  DANFORTH,  By  Order. 

In  Council  Octo.  16,  1770.  Read  and  accepted  and  ordered 
that  William  Brattle,  James  Bowdoin,  James  Otis,  John  Brad- 
bury and  Stephen  Hall,  Esq’rs,  be  a Committee  to  take  into 
consideration  the  subject  matter  of  this  Report,  together  with 
the  Papers  relative  thereto,  as  also  two  Petitions  from  Mr. 
Secretary  Oliver  to  the  Board  on  the  same  subject,  and  Report 
what  they  think  proper  should  be  done  thereon. 

JNO.  COTTON,  D.  Secr’y. 

The  Committee  appointed  by  the  Hon’ble  Board  the  16th 
instant  beg  leave  to  make  the  following  Report. 

WILLIAM  BRATTLE,  by  Order. 

The  Committee  having  maturely  considered  two  Petitions  to 
the  Hon’ble  Board  from  the  Secretary  Andrew  Oliver,  Esq., 
together  with  his  Affidavit  concerning  the  proceedings  at  Coun- 
cil on  the  6th  and  7th  of  March  last  annexed  to  a Pamphlet 
published  in  London  and  the  several  Depositions  on  the  subject 
matter  of  the  said  affidavit,  take  occasion  to  make  a few  obser- 
vations from  and  upon  them. 


MASSACHUSETTS  PAPERS. 


147 


With  Regard  to  the  said  Affidavit  several  things  are  observ- 
able from  it. 

1st.  That  what  is  there  declared  to  have  been  said  by  Mr. 
Tyler  in  Council  is  expressed  in  such  a manner  as  to  be 
generally  understood  to  represent  that  antecedent  to  the  un- 
happy affair  of  the  oth  of  March  last,  there  had  been  a plan 
formed  by  the  People  of  the  best  character  among  us  to  remove 
the  Troops  out  of  the  Town  of  Boston  and  after  that  the  Com- 
missioners. 

2ndly.  That  divers  Gentlemen  of  the  Council  adopted  what 
had  been  so  said. 

3dly.  That  the  Secretary  had  in  his  Draft  expressed  what 
had  been  said  in  Debate  at  Council  in  the  terms  in  the  said 
affidavit  recited,  and  that  this  form  or  Draft  of  his  “ was  allowed 
by  the  Council  strictly  to  express  the  truth,  but  that  it  would 
not  stand  well  on  the  Council  Records,”  whereupon  “ one  of 
the  Gentlemen  of  the  Board  prepared  an  amendment”  which 
“ was  substituted.” 

As  to  the  first  Article,  the  plan  therein  mentioned  was  ac- 
cording to  the  said  Affidavit  intended  to  effect  the  removal  of 
the  Troops  and  the  removal  of  the  Commissioners. 

With  regard  to  the  removal  of  the  Troops  Mr.  Tyler,  who 
mentioned  the  said  plan  in  Council  on  the  6th  of  March  last, 
declares  in  his  Deposition  “ that  he  uttered  nothing  in  said 
Council  purporting  that  any  plan  had  been  formed  to  remove 
the  Troops  previous  to  their  firing  on  the  Inhabitants,  that  he 
had  no  Idea  of  a plan  formed  for  the  removal  of  said  Troops 
until  the  day  after  the  shocking  scene  on  the  Evening  of  the 
fifth  of  March  last,  and  that  he  then  meant  to  be  understood 
that  the  disposition  of  the  People  to  remove  the  Troops  was 
occasioned  by  the  killing  and  wounding  of  divers  Inhabitants 
of  the  Town  and  by  the  People’s  apprehension  that  the  Troops 
still  had  an  unfriendly  design  against  them. 

Mr.  Erving,  Mr.  Pitts,  and  Mr.  Dexter,  in  their  Depositions 
declare  “ that  they  cannot  Recollect,  neither  do  they  believe 


148 


MASSACHUSETTS  PAPERS. 


that  anything  was  said  in  Council  by  Mr.  Tyler  purporting 
that  any  plan  had  been  formed  to  remove  the  Troops  previous 
to  their  firing  on  the  Inhabitants,  but  that  they  understood  Mr. 
Tyler  to  mean  that  the  People  were  excited  to  such  a measure 
by  the  killing  and  wounding  of  some  of  the  Inhabitants  of  the 
Town  on  the  evening  immediately  preceding.” 

Mr.  Danforth  and  the  other  Gentlemen  of  the  Board  then 
present  in  Council  have  made  in  substance  the  same  declara- 
tions in  their  respective  Depositions.  Mr.  Cotton  the  Secretary’s 
Deputy  and  his  assistant  Francis  Skinner  by  their  Depositions 
taken  at  the  desire  of  the  Secretary  on  being  asked  declared 
that  when  Mr.  Tyler  mentioned  the  plan  aforesaid  they  did  not 
apprehend  him  to  mean  a plan  concerted  previous  to  the  Sixth 
of  March  last,  and  the  Secretary  himself  has  lately  declared 
before  the  Board  that  he  did  not  conceive  Mr.  Tyler  to  mean 
such  a preconcerted  plan,  and  that  he  never  believed  any  such 
plan  had  been  formed.  All  which  declarations  amount  to  a 
satisfactory  proof  that  what  Mr.  Tyler  said  in  Council  did  not 
convey  the  idea  that  a plan  had  been  formed  to  remove  the 
Troops  previous  to  their  killing  a number  of  the  Inhabitants. 

With  regard  to  a plan  for  the  removal  of  the  Commissioners 
Mr.  Cotton  declares  “ He  heard  Mr.  Tyler  say  that  there  was  a 
plan  formed  to  remove  the  Troops  from  the  Town  and  that 
they  would  not  stop  there ; but  would  remove  the  Commission- 
ers also.”  Francis  Skinner  declares  in  substance  the  same  as 
does  also  Capt.  Caldwell : The  two  first  however  say,  that  they 
did  not  apprehend  Mr.  Tyler  meant  a plan  concerted  previous 
to  the  6th  of  March  last.  With  regard  to  this  Circumstance 
Capt.  Caldwell  is  not  explicit,  and  it  does  not  appear  that  any 
question  was  asked  him  concerning  it. 

Lieut.  Colonel  Dalrymple  in  the  body  of  his  Deposition  says 
nothing  concerning  the  Commissioners;  but  after  he  had  signed 
and  delivered  it  being  asked  whether  he  remembered  that  Mr. 
Tyler  said  that  part  of  the  plan  was  to  remove  the  Commis- 
sioners out  of  Town:  He  answered  “that  something  of  that 


MASSACHUSETTS  PAPERS. 


149 


kind  was  mentioned  by  some  Gentleman  of  tlie  Council  during 
the  Debates,  but  he  cannot  say  whether  it  was  Mr.  Tyler.” 

This  is  the  whole  of  what  is  declared  on  the  positive  side 
relative  to  the  Commissioners.  Two  of  these  declarants,  viz. 
Cotton  and  Skinner,  say  they  were  called  out  divers  times  while 
the  Council  was  sitting  and  in  the  course  of  the  proceedings ; 
and  Mr.  Cotton  infers  from  it  “ that  he  cannot  declare  so  fully 
as  those  who  attended  without  interruption.”  Capt.  Caldwell 
did  not  go  to  the  Council  ’till  four  o’clock  in  the  afternoon  of 
the  6th  of  March,  and  therefore  cannot  judge  of  what  passed  at 
Council  so  well  as  those  who  attended  both  parts  of  the  day : 
And  Col.  Dalrvmple  who  did  attend  both  parts  of  the  Day  did 
not  recollect  when  he  delivered  his  Deposition  that  any  thing 
had  been  said  concerning  the  Commissioners ; and  his  answer 
when  asked  as  above  shows  he  had  only  a general  remembrance 
of  something  said  about  the  Commissioners,  but  what  it  was  does 
not  clearly  appear  by  his  answer.  It  is  very  likely  that  what 
passed  between  the  Lieut.  Governor  and  several  of  the  Council 
relative  to  the  protection  of  the  Commissioners  as  below  men- 
tioned was  the  thing  that  lay  in  his  mind. 

It  is  not  doubted  that  these  Declarants  understood  Mr.  Tyler 
in  the  sense  they  have  declared,  but  it  is  probable  they  might 
misapprehend  him.  It  appears  by  Mr.  Gray’s  and  other  Depo- 
sitions that  the  Lieut.  Governor  asked  the  Board  what  protec- 
tion there  would  be  for  the  Commissioners  if  both  Regiments 
were  ordered  to  the  Castle ; and  this  very  probably  gave  the 
occasion  for  mentioning  the  Commissioners  at  all.  Mr.  Tyler 
upon  that  question  might  express  his  sentiments  on  that  head, 
and  having  so  fair  an  opportunity  might  express  his  sentiments 
also  concerning  the  Commissioners  themselves  and  the  low 
estimation  in  which  they  are  held  by  the  People  in  general  not 
only  here,  but  throughout  the  Continent,  and  this  being  inter- 
mixed with  the  subject  of  the  day,  viz.  the  removal  of  the 
Troops,  might  occasion  what  he  meant  to  say  relative  to  the 
Troops  only  to  be  understood  by  some  as  relative  to  them  and 


150 


MASSACHUSETTS  PAPERS. 


the  Commissioners  also.  It  is  certain  that  all  the  Gentlemen 
of  the  Council  then  present  have  declared  on  oath  they  have 
no  remembrance  that  Mr.  Tyler  said  there  was  a plan  laid  for 
the  removal  of  The  Commissioners;  and  Mr.  Gray  adds  to  this 
Declaration  that  he  took  particular  notice  of  what  Mr.  Tyler 
did  say.  Mr.  Tyler  himself  upon  the  most  serious  recollection 
declares  on  oath  that  the  Assertion  that  he  said  there  was  a 
plan  formed  to  remove  the  Commissioners,  or  that  it  was  any 
part  of  a plan  to  remove  them  is  a gross  misrepresentation  and 
that  in  his  best  judgment  and  firm  belief  no  plan  to  remove 
the  Troops  before  their  firing  on  the  Inhabitants  of  Boston  or 
at  any  time  whatever  to  remove  the  Commissioners  of  the  Cus- 
toms ever  was  formed  or  forming  by  the  People  or  any  number 
of  Persons  whatever.  He  further  declares  that  on  the  Lieut. 
Governor’s  asking  in  said  Council  what  will  become  of  the 
Commissioners  if  the  Troops  should  be  removed;  several  of 
the  Council  gave  it  as  their  opinion  that  they  would  be  safe 
and  that  they  always  had  been  safe ; and  he  verily  believes 
nothing  was  said  to  the  contrary  by  any  one  of  the  Council 
present.  Mr.  Gray  declares  that  upon  the  Lieut.  Governor’s 
asking  the  said  question  he  answered  that  the  Commissioners 
would  be  as  safe  without  the  Troops  as  with  them:  for  that  the 
People  would  never  be  so  mad  as  to  offer  them  the  least  vio- 
lence when  the  Troops  could  easily  be  recalled  for  their  protec- 
tion; He  further  declares  that  one  gentleman  at  the  Board 
immediately  seconded  him  and  assured  his  Honour  of  their 
safety  and  added  that  he  would  pawn  his  Life  that  they  would 
receive  no  injury. 

Mr.  Danforth  declares  that  he  well  remembers  that  divers  of 
the  Council  then  declared  that  in  their  opinion  the  Commis- 
sioners might  continue  in  Town  in  safety  after  the  Troops 
were  removed  thence ; and  that  no  one  of  the  Council  present 
discovered  an  opinion  diverse  therefrom. 

Mr.  Erving  declares  that  he  said  at  the  Board  in  the  hearing 
of  the  Lieut.  Governor  on  the  6th  of  March  last  that  in  his 


MASSACHUSETTS  PAPERS. 


151 


opinion  the  Commissioners  were  safe  in  Town  and  never  had 
been  in  danger : and  that  he  would  pawn  his  life  they  would 
remain  safe,  or  words  of  that  import. 

If  the  foregoing  circumstances  and  Declarations  be  duly 
remarked  it  will  appear  highly  probable  that  if  Mr.  Tyler  said 
anything  about  the  Commissioners  it  was  misunderstood  ; and 
this  will  appear  still  more  so  if  it  be  further  remarked,  that,  on 
the  contrary  supposition,  it  must  have  been  considered  as  a 
reason  for  the  Troops  remaining  in  Town  if  the  Commissioners 
had  been  supposed  to  be  in  danger;  as  had  been  observed  by 
several  of  the  Deponents;  and  the  said  Deponents  are  per- 
suaded it  would  have  been  so  considered  by  the  Lieut.  Gover- 
nor and  the  Commanding  Officer  of  the  Troops,  and  conse- 
quently have  tended  to  defeat  the  very  end  which  the  several 
members  of  the  Council  and  Mr.  Tyler  in  particular  are  repre- 
sented as  aiming  at.  And  they  further  observe  that  had  he 
mentioned  it  as  his  opinion  that  there  was  a design  of  the 
People  to  remove  the  Commissioners  it  would  have  been  so 
utterly  contrary  to  the  sentiments  of  these  Deponents,  and  they 
doubt  not  of  every  other  member  of  the  Council  present  except 
himself  that  they  verily  believe  it  must  have  produced  such  a 
dispute  and  opposition  as  could  not  so  soon  have  been  forgot. 

The  2nd  thing  observable  from  the  Secretary’s  Affidavit  is 
That  divers  Gentlemen  of  the  Council  by  referring  expressly 
to  it  adopted  what  Mr.  Tyler  had  said,  viz.  That  People  of  the 
best  character  among  us  had  formed  a plan  not  only  to  remove 
the  Troops  but  the  Commissioners. 

In  contradiction  of  this  every  Gentleman  of  the  Council  then 
present  deny  that  they  adopted  any  such  declaration;  so  far 
were  they  from  adopting  what  is  represented  to  have  been  said 
by  Mr.  Tyler  about  a plan  for  the  removal  of  the  Commissioners 
that  there  is  not  one  of  them  has  the  least  remembrance  of  any 
thing  said  concerning  a plan  to  remove  the  Commissioners  and 
therefore  they  could  not  refer  to  it  or  in  any  sense  whatever 
adopt  it.  Mr.  Hubbard  and  Mr.  Russell  declare  that  as  they 


152 


MASSACHUSETTS  PAPERS. 


cannot  recollect  that  they  heard  a word  from  Mr.  Tyler  of  any 
intention  to  remove  the  Commissioners,  so  neither  could  they 
have  adopted  such  a strange  opinion  had  it  been  advanced  by 
any  person  whatsoever. 

Mr.  Erving,  Mr.  Pitts  and  Mr.  Dexter  declare  the  same : and 
add  that  according  to  their  best  remembrance  what  was  really 
said  in  Council  by  Mr.  Tyler  was  not  referred  to  by  any  other 
Member  present  in  such  manner  as  that  it  could  with  the  least 
degree  of  propriety  be  affirmed  in  general  terms  as  it  is  in  the 
Deposition  of  the  said  Mr.  Oliver  that  they  adopted  what  Mr. 
Tyler  had  said. 

Mr.  Danforth  in  his  Deposition  recites  that  whereas  in  Mr. 
Oliver’s  aforementioned  Affidavit  it  is  asserted  that  divers 
members  of  the  Council  adopted  what  Mr.  Tyler  had  said  by 
referring  to  it,  and  thereby  excusing  themselves  from  enlarging 
(which  assertion  plainly  imports  that  divers  members  of  the 
Council  assented  to  and  adopted  all  that  Mr.  Oliver  in  his  Affi- 
davit had  represented  to  have  been  said  by  Mr.  Tyler  relative 
to  a plan  formed  to  remove  the  Commissioners  as  well  as  the 
Troops.)  He  the  Deponent  declares  that  altho’  he  had  the  like 
apprehension  Mr.  T}der  had  of  the  danger  of  further  bloodshed 
in  case  the  Troops  should  continue  in  the  Town,  yet  that  he 
never  adopted  any  sentiment  that  a plan  had  been  concerted 
for  removing  the  Commissioners  (or  even  the  Troops  by  way 
of  Compulsion)  and  so  far  at  least  as  relates  to  the  Commis- 
sioners this  Deponent  is  fully  persuaded  that  no  member  of  the 
Council  then  present  did  adopt  the  same ; inasmuch  as  he  well 
remembers  that  divers  of  them  then  declared  that  in  their 
opinion  the  Commissioners  might  continue  in  Town  with  all 
safety  after  the  Troops  were  removed  thence;  and  no  one  of 
the  Council  then  present  discovered  an  opinion  diverse  there- 
from. 

From  these  Depositions  and  what  went  before,  it  appears 
that  the  said  Gentlemen  of  the  Council  were  so  far  from  adopt- 
ing what  the  Secretary  represents  to  have  been  said  by  Mr. 


MASSACHUSETTS  PAPERS. 


153 


Tyler  concerning  a plan  for  the  removal  of  the  Commissioners, 
that  there  is  not  one  of  them  has  the  least  remembrance  of  any 
thing  said  about  such  a plan;  and  therefore  they  could  not 
refer  to  it,  or  in  any  sense  whatever  adopt  it. 

The  3rd  thing  observable  in  the  Secretary’s  Affidavit  is  what 
he  declares  about  his  Draft  expressing  what  had  been  said  in 
debate  at  Council  that  it  was  allowed  by  the  Council  strictly  to 
express  the  truth,  but  that  it  would  not  stand  well  on  the 
Council  Eecords.  This  declaration  represents  the  Council  in  a 
very  odious  light.  It  conveys  to  the  world  this  Idea,  that  they 
rejected  his  Draft  because  it  was  true,  and  that  the  truth  of  it 
made  it  unfit  to  be  recorded  in  the  Council  Books : Whereupon 
an  amendment  was  substituted.  To  substitute  an  amendment 
that  alters  the  Truth  is  to  substitute  a falsehood ; and  as  the 
said  declaration  suggests  such  a substitution  it  implies  a charge 
of  falsehood  upon  the  Gentlemen  that  were  present  at  that 
Council.  But  although  the  Committee  apprehend  the  secretary 
did  not  intend  any  such  charge  yet  his  words  may  probably  be 
construed  to  imply  it. 

With  regard  to  the  said  Amendment  most  of  the  said  Gentle- 
men have  expressed  their  Sentiments  in  their  respective  De- 
positions. Five  of  them  declare  that  the  words  made  use  of 
in  the  amendment  as  recited  by  the  said  Mr.  Oliver  in  his 
Deposition,  which  were  the  next  morning  proposed  in  Council 
to  be  substituted  instead  of  the  terms  the  Secretary  had  used 
in  the  minits  of  the  Council  taken  the  day  before,  these  Depo- 
nents then  verily  thought  less  liable  to  be  misconstrued ; and 
that  by  this  alteration  the  true  meaning  and  intent  of  the  several 
members  of  the  Council,  in  what  they  had  on  the  preceding 
day  said  to  the  Lieut.  Governor  of  the  Disposition  of  the  People 
would  fully  and  fairly  appear. 

Mr.  Danforth  declares  that  the  said  amendment  was  unani- 
mously agreed  to  by  the  Members  of  the  Council  then  present, 
and  contains  the  whole  of  what,  after  full  debate  and  mature 
consideration  was  by  them  adopted,  and  (together  with  the 
20 


154 


MASSACHUSETTS  PAPERS. 


advice  given  to  the  Lieut.  Governor  to  use  his  influence  that 
the  Troops  might  be  removed)  was  as  this  Deponent  appre- 
hends the  whole  that  could  regularly  be  certified  by  the  secre- 
tary as  they  were  the  only  Votes  of  Council  that  had  passed 
upon  that  occasion. 

The  Committee  next  proceed  to  consider  the  Secretary’s  two 
Petitions  to  the  Board,  and  to  make  some  observations  on  them. 

In  one  of  them  he  represents  that  his  Deposition  or  affidavit 
above  mentioned  appears  by  the  tenor  of  it  to  have  been  made 
merely  to  vindicate  the  Lieut.  Governor  in  desiring  that  his 
Majesty’s  Troops  might  be  removed  to  Castle  William  after 
the  fatal  Catastrophe  of  the  5th  of  March,  he  having  been 
called  upon  b}r  the  Lieut.  Governor  to  give  a true  relation  of 
the  proceedings  had  in  Council  on  that  affair.  If  the  Lieut. 
Governor  desired  the  said  Deposition  for  his  vindication  could 
he  not  have  been  vindicated  without  the  Secretary’s  traducing 
the  Council  and  bringing  into  Question  the  loyalty  of  the 
Town  of  Boston  or  Province?  Was  it  not  traducing  the 
Council  to  suggest  that  they  rejected  his  Draft  because  it  strictly 
expressed  the  truth  ? And  was  it  not  bringing  into  question 
the  loyalty  of  the  Town  or  Province  to  suggest  that  a plan  had 
been  formed  by  People  of  the  best  characters  among  us  to 
remove  the  Troops  and  Commissioners  and  that  divers  of  the 
Council  adopted  or  allowed  it  to  be  true  that  there  was  such 
a plan  ? Do  these  suggestions  and  the  Declarations  contained 
in  the  Secretary’s  Deposition  in  which  he  wholly  omits  what 
was  said  about  the  Safety  of  the  Commissioners  comport  with 
a true  Belation  of  the  proceedings  had  in  Council  on  the  above 
mentioned  affair:  which  Relation  the  Lieut.  Governor  called 
xipon  him  for  ? 

The  Secretary  further  represents  that  “ as  holding  his  Com- 
mission immediately  from  the  King,  who  therein  expresses  his 
confidence  in  his  fidelity,  he  could  not  consider  himself  as  acting 
in  breach  of  Trust  in  making  said  Deposition,  as  he  was  called 
upon  by  the  Commander  in  chief  who  is  the  King’s  Represen- 


MASSACHUSETTS  PAPERS. 


155 


tative  to  give  a true  relation  of  the  proceedings  had  in  Council 
on  that  day.” 

Though  the  Secretary  holds  his  Commission  immediately 
from  the  King,  the  Commission  constitutes  him  an  officer  of  the 
Province,  to  do  the  Business  appertaining  to  the  office  of  secre- 
tary ; but  does  not  give  the  Commander  in  Chief,  notwith- 
standing he  is  the  King’s  Representative  in  the  Province  any 
authority  over  him.  By  virtue  of  his  Commission  he  is  to  do 
the  proper  business  of  Secretary.  But  could  it  be  a part  of 
such  business  to  take  minits  at  Council  of  what  all  or  any  of 
the  members  said  in  their  Debates  ? And  afterwards  to  give  a 
Deposition  of  it  when  called  upon  by  the  Commander  in  Chief? 
If  it  was  not  a part  of  such  business,  for  what  purpose  could 
lie  want  to  assist  his  memory  by  taking  said  minits  ? Could 
this  be  any  proof  of  fidelity  to  the  King  ? or  could  it  not  be 
considered  a breach  of  Trust  ? W ould  not  such  an  Idea  of  the 
business  of  a secretary  degrade  him  into  the  character  of  a spy 
and  Informer?  Would  it  not  be  inconsistent  with  freedom  of 
consultation  and  debate  and  consequently  one  of  the  most 
essential  privileges  and  rights  of  Council  ? And  would  it  not 
therefore  be  subversive  of  every  principle  which  distinguishes 
a free  Government  from  Despotism?  But  admitting  that  the 
Secretary  as  the  King’s  Officer  is  under  obligation  to  take  such 
minits  at  Council  and  reduce  them  to  a Deposition  if  desired 
by  the  King's  Representative  (which  is  utterly  denied)  yet  it 
appears  by  one  of  the  Secretary’s  Petitions  to  the  Board  that  he 
officiously  without  the  privity  of  any  one  took  the  Minits  of 
what  was  said  in  the  Debates  of  Council  on  the  Sixth  of  March. 

If  the  Secretary  could  think  himself  authorized  to  take  such 
minits  and  give  such  a Deposition,  was  he  not  under  the  obliga- 
tion of  honor;  and  did  not  justice  require  him  to  Communicate 
it  to  the  Council  before  he  had  completed  and  delivered  it? 
Had  he  done  so,  the  mistakes  and  partial  Representations  con- 
tained in  it  mio'ht  have  been  corrected  and  his  own  honor  and 

O 

Justice  remained  unimpeached. 


156 


MASSACHUSETTS  PAPERS. 


It  lias  been  for  some  time  justly  complained  of  that  Deposi- 
tions, Memorials  and  every  Species  of  Information  have  been 
made  and  taken  and  sent  to  England  in  a secret  manner ; and 
then  made  use  of  to  represent  His  Majesty’s  Subjects  here  in 
an  odious  light ; which  has  occasioned  Troops  and  naval  arma- 
ments to  be  sent  hither,  to  the  great  and  unjust  annoyance  and 
distress  of  His  Majesty’s  Subjects  of  this  Province.  It  was 
therefore  the  more  extraordinary  that  the  secretary  in  the  affair 
of  his  Deposition,  should  act  in  the  same  secret  manner,  especi- 
ally as  it  respected  what  had  been  said  in  Council ; about  which 
he  could  easily  have  informed  himself  from  the  Members  of  it, 
who  at  the  same  time  had  a right  to  know  what  he  had  repre- 
sented concerning  them.  Whatever  may  have  been  designed 
with  regard  to  the  operation  of  this  Deposition,  the  manifest 
tendency  of  it  is  to  give  a most  unfavourable  and  at  the  same 
time  a most  unjust  Idea  of  the  People  here,  and  of  the  Council 
in  particular.  As  the  said  Deposition  represents  the  Council 
in  an  ill  light,  it  could  be  no  disagreeable  present  to  Governor 
Bernard  to  whom  it  was  sent  by  the  Lieut.  Governor  as  he  in- 
formed the  Board.  His  Honor  at  the  same  time  informed  them 
that  he  desired  Governor  Bernard  to  keep  it  to  himself  unless 
his  conduct  with  regard  to  the  removing  the  Troops  should  be 
faulted,  in  which  case  it  was  to  be  made  use  of  for  his  Honor’s 
vindication.  Whether  it  was  used  or  not  for  that  purpose  is 
uncertain ; but  this  is  certain  that  it  has  been  published  in 
London,  annexed  with  other  Depositions  to  a printed  Pamphlet 
entitled  “ A fair  Account  of  the  late  unhappy  disturbance  at 
Boston  in  New  England,”  in  which  Pamphlet  Depositions  is 
given  a very  unfair  and  in  all  material  circumstances  a very 
false  account  of  what  is  therein  called  the  late  unhappy  dis- 
turbance. The  most  material  things  aimed  at  in  the  said 
Pamphlet  is  to  obtrude  as  truth  on  the  public  this  falsehood 
viz : that  a plan  was  here  laid  for  the  expulsion  of  the  Troops 
prior  to  their  firing  on  and  killing  a number  of  the  Inhabitants 
of  the  Town ; and  the  principal  if  not  the  only  Deposition  that 


MASSACHUSETTS  PAPKES. 


157 


in  any  measure  tends  to  support  suck  a charge  is  the  Secretary’s 
above  mentioned.  This  Deposition  has  in  some  degree  an- 
swered the  purpose  of  the  Pamphlet  writer  or  procurer ; and 
is  well  calculated  to  answer  the  further  purpose  of  Governor 
Bernard  to  effect  a change  of  the  Constitution  of  the  Council 
by  giving  of  the  last  year’s  Council  a very  disadvantageous  Idea, 
from  which  will  be  formed  the  Idea  of  the  present  Council 
which  includes  the  same  Members  as  the  last. 

This  Deposition  has  been  attended  with  Circumstances  that 
appear  in  some  degree  remarkable.  It  was  taken  on  the  same 
day  on  which  the  other  Depositions  (or  most  of  them)  annexed 
to  the  same  Pamphlet  were  taken,  viz.  the  13th  of  March. 
They  all  went  (as  seems  probable)  by  Mr.  Commissioner  Robin- 
son -who  sailed  for  England  the  16th  of  March ; and  they  are 
all  published  together  in  the  same  Pamphlet.  Whether  these 
circumstances  are  casual,  or  whether  they  indicate  a mutual 
correspondence  and  communication  between  Persons  here,  with 
regard  to  the  said  Depositions,  there  do  not  appear  any  sufficient 
means  precisely  to  determine. 

The  Secretary  further  represents  “how  cautious  he  was  in 
framing  the  Deposition ; and  that  he  is  confident  he  has  been 
precise  in  setting  down  the  very  words  used  on  the  occasion 
without  adding  any  construction  of  his  own.” 

How  cautious  and  precise  the  Secretary  has  been  especially 
in  representing  what  was  said  about  the  Commissioners  has 
fully  appeared  above,  under  the  article  relative  to  them.  He 
not  only  gives  an  imperfect  account  of  what  he  has  represented, 
but  has  wholly  omitted  all  the  Declarations  made  at  Council 
relative  to  the  Commissioners  that  they  would  be  safe  notwith- 
standing the  Troops  should  be  removed  which  has  already 
sufficiently  appeared. 

The  Secretary  goes  on  to  observe  that  the  principal  matter 
wherein  the  testimony  of  divers  (or  rather  of  all)  of  said  Gen- 
tlemen differs  from  his  own,  appears  to  him  to  be  concerning 
what  relates  to  the  Commissioners,  with  regard  to  which  he 


158 


MASSACHUSETTS  PAPERS. 


apprehends  his  Deposition  is  fully  supported  by  the  testimony 
of  disinterested  witnesses  then  present. 

The  Secretary  here  suggests  that  the  Gentlemen  of  the 
Council  are  interested,  and  therefore  that  their  testimony 
wherein  it  differs  from  that  of  his  witnesses,  whom  he  represents 
as  disinterested,  must  be  invalidated. 

Seven  Gentlemen  of  the  Council  have  given  testimony  about 
what  Mr.  Tyler  is  represented  to  have  said  in  Council  concern- 
ing the  Troops  and  Commissioners.  In  this  matter  it  is  evident 
they  are  wholly  disinterested.  What  inducement  then  could 
they  have  to  pervert  the  Truth  ? How  is  their  testimony  in 
this  matter  invalidated?  They  may  be  stiled  disinterested 
Witnesses  as  properly  as  those  produced  by  the  Secretary;  and 
much  more  so  than  two  of  them,  who  act  under  and  are  de- 
pendent on  the  Secretary  for  their  continuance  in  office. 

The  Committee  have  been  thus  particular  in  this  matter  that 
the  true  state  of  it  might  appear;  and  that  thereby  the  perni- 
cious consequences  to  the  Province  which  the  Hon’ble  Board 
apprehend  the  Secretary’s  Deposition  may  be  attended  with 
may  be  prevented. 

So  far  as  this  matter  stands  related  to  the  Council  it  appears 
that  the  Secretary’s  Deposition  exhibits  to  the  world  a very 
dishonourable  and  injurious  Idea  of  them  by  suggesting  that 
because  his  draft  was  allowed  strictly  to  express  the  truth,  it 
would  not  stand  well  on  the  Council  Eecords,  and  was  there- 
fore rejected  by  the  Council.  It  appears  also  that  the  Secre- 
tary in  a secret  manner  has  taken  Minits  at  Council  of  what 
was  said  by  the  members  of  the  Council  in  their  Debates. 
That  he  has  subscribed  his  name  to  a paper  containing  these 
minits  and  has  taken  his  Deposition  before  Foster  Hutchinson, 
Esq.,  as  to  the  truth  of  it : also  that  the  said  Paper  and  Depo- 
sition has  been  sent  by  the  Lieut.  Governor  to  Governor  Ber- 
nard and  that  they  have  since  been  published  with  other  Depo- 
sitions annexed  to  a printed  Pamphlet  designed  to  defame  the 


MASSACHUSETTS  PAPETCS. 


159 


Province  with  regard  to  the  unhappy  affair  of  the  5th  of 
March. 

The  Conduct  of  the  Secretary  in  this  affair  is  not  only  a 
breach  of  trust  in  him  and  injurious  to  the  Character  and 
Honor  of  the  Council,  but  it  is  destructive  of  all  freedom  of 
Speech  and  Debate  and  consequently  a breach  of  Privilege — 
the  most  essential  privilege  belonging  to  the  Council  or  that 
can  belong  to  a deliberative  Body. 

The  Committee  therefore  are  humbly  of  opinion  that  the 
Honor  of  the  Council  requires  that  the  Board  should  come  into 
the  following  Resolutions. 

1st.  Resolved,  that  Andrew  Oliver,  Esq.,  Secretary  of  this 
Province  by  secretly  taking  minits  at  Council  of  what  was  said 
by  the  Members  of  Council  in  their  Debates,  also  by  signing  a 
paper  containing  those  minits  and  further  by  giving  his  Depo- 
sition to  the  Truth  of  it  has  in  each  and  all  these  instances 
acted  inconsistent  with  the  Duty  of  his  Office  and  thereby  is 
guilty  of  a breach  of  Trust. 

2ndly.  Resolved  that  the  said  Andrew  Oliver,  Esq.,  inas 
much  as  such  proceedings  are  destructive  of  all  freedom  of 
Debate,  is  guilty  of  the  Breach  of  a most  essential  privilege  of 
this  Board. 

3 ily.  Whereas  the  said  Andrew  Oliver,  Esq.,  has  suggested 
in  his  said  Deposition  that  because  his  Draft  was  allowed 
strictly  to  express  the  truth  it  would  not  stand  well  on  the 
Council  Records  and  was  therefore  rejected  by  the  Council, 
Resolved  that  by  such  suggestions,  he  has  injured  and  abused 
the  Members  composing  that  Council,  and  by  so  doing  has 
reflected  great  dishonor  on  this  Board. 

4thly.  Resolved  that  an  attested  Copy  of  this  Report,  and 
the  Petitions  and  Depositions  to  which  it  relates,  be  sent  to  Mr. 
Agent  Bollan  in  order  that  he  may  make  the  best  use  of  them 
he  can  for  the  benefit  of  this  Province. 

In  Council  October  23d,  1770.  Read  and  unanimously  ac- 


160 


MASSACHUSETTS  PAPERS. 


cepted,  and  thereupon  the  Board  came  into  the  following  Reso- 
lutions. 

1st.  Unanimously  Resolved  that  Andrew  Oliver,  Esq.,  Secre- 
tary of  this  Province  by  secretly  taking  minks  at  Council  of 
what  was  said  by  the  Members  of  Council  in  their  Debates, 
also  by  signing  a paper  containing  those  Minits  and  further  by 
giving  his  Deposition  to  the  Truth  of  it  thus  in  each  and  all 
those  instances  acted  inconsistent  with  the  Duty  of  his  office, 
and  therefore  is  guilty  of  a breach  of  trust. 

2dly.  Unanimously  Resolved  that  the  said  Andrew  Oliver, 
Esq.,  inasmuch  as  such  proceedings  are  destructive  of  all  free- 
dom of  debate  is  guilty  of  the  breach  of  a most  essential  privi- 
lege of  this  Board. 

2dly.  Whereas  the  said  Andrew  Oliver,  Esq , has  suggested 
in  his  said  Deposition  that  because  his  Draft  was  allowed 
strictly  to  express  the  truth,  it  would  not  stand  well  on  the 
Council  Records  and  was  therefore  rejected  by  the  Council. 
Unanimously  Resolved  that  by  such  suggestion  he  has  injured 
and  abused  the  Members  composing  that  Council  and  by  so 
doing  has  reflected  great  dishonour  on  this  Board. 

4thly.  Unanimously  Resolved  that  an  attested  Copy  of  this 
Report  and  the  Petitions  and  Depositions  to  which  it  relates  be 
sent  to  Mr.  Agent  Bollan  in  order  that  he  may  make  the  best 
use  of  them  he  can  for  the  benefit  of  this  Province. 

JOHN  COTTON,  D.  Secr’y. 

A True  Copy,  Attest. 

JOHN  COTTON,  D.  Secr’y. 


MASSACHUSETTS  PAPERS. 


161 


PETITION  OP  ANDREW  OLIVER  TO  THE  COUNCIL  OF 
MASSACHUSETTS. 


Province  of  the  Massachusetts  Bay,  5th  October,  1770. 

To  the  hon’ble  his  Majesty’s  Council  for  the  said  Province, 
as  a Branch  of  the  Legislature  now  sitting.  The  humble  Peti- 
tion of  Andrew  Oliver,  Esq.,  Sheweth, 

That  your  Petitioner  while  attending  his  duty  yesterday  in 
the  Council  Chamber  at  Cambridge  took  notice  of  a Vote  of 
Council  passed  in  consequence  of  a Deposition  signed  Andrew 
Oliver  said  to  have  been  published  in  England  relative  to  the 
unhappy  affair  in  Boston  the  5th  of  March  last  in  which  Vote 
Eight  Gentlemen  of  the  Board  who  were  of  the  Council  last 
year  were  desired  to  draw  up  the  State  of  the  affair  to  which 
the  said  Deposition  relates. 

Your  Petitioner  begs  leave  to  represent  that  the  said  Depo- 
sition appears  by  the  Tenor  of  it  to  have  been  made  merely  to 
vindicate  the  Lieutenant  Governor  in  desiring  that  his  Majes- 
ty’s Troops  might  be  removed  to  Castle  William  after  the  fatal 
Catastrophy  of  that  Day,  by  shewing  the  necessity  he  was 
under  of  conceding  to  it,  arising  from  the  favorable  Reasons 
urged  by  the  Council  on  that  occasion,  which  reasons  may 
equally  serve  to  justify  the  Council  in  advising  his  honor  to 
that  measure. 

That  your  Petitioner  as  holding  his  Commission  immediately 
from  the  King  who  therein  expresses  his  confidence  in  his 
Fidelity  would  not  consider  himself  as  acting  in  Breach  of 
Trust  in  making  said  Deposition,  as  he  was  called  upon  by  the 
Commander  in  Chief,  who  is  the  King’s  Representative  in  the 
Province  to  give  a true  relation  of  the  proceedings  had  in 
Council  on  that  Day,  which  his  Honor  has  since  declared  in 
Council.  And  your  Petitioner  could  have  no  apprehension  of 
his  betraying  any  of  the  secrets  of  Government,  as  most,  if  not 
21 


162 


MASSACHUSETTS  1'APEliS. 


all  the  proceedings  of  the  day  were  had  in  a more  public  man- 
ner than  usual,  divers  of  the  King’s  Officers  having  been  then 
present  at  the  desire  of  the  Governor  and  Council  at  their 
Debates  and  Resolutions  in  Council. 

Wherefore  your  Petitioner  humbly  prays,  that  before  the 
Report  of  the  said  Gentlemen  is  acted  upon  in  Council,  as  his 
character  may  be  essentially  affected  thereby,  he  may  be  al- 
lowed to  put  in  a Reply,  produce  his  Witnesses,  and  be  heard 
upon  the  Subject,  and  your  Petitioner  shall  in  Duty  bound 
ever  pray,  &c. 

ANDREW  OLIVER. 

In  Council  5th  October,  1770.  Read  and  ordered,  That  this 
Petition  lye  for  the  present. 

JNO.  COTTON,  D.  Sec’ry. 

A true  Copy  from  the  original  Petition. 

Attest , 

JNO.  COTTON,  D.  Sec’ry. 


PETITION  OF  ANDREW  OLIVER  TO  THE  COUNCIL  OF 
MASSACHUSETTS. 


Province  op  the  Mass.  Bat,  16th  October,  1770. 

To  the  Hon’ble  His  Majesty’s  Council  for  the  Province 
afores’d, 

Iiumbley  Sheweth,  Andrew  Oliver,  That  your  Petitioner  ob- 
serves in  the  Vote  of  Council  referred  to  in  his  Petition  pre- 
ferred the  5th  Inst,  to  this  Hon’ble  Board  as  a Branch  of  the 
Legislature  that  he  is  charged  with  representing  divers  Gentle- 
men of  the  Council  of  the  last  year  in  a certain  Deposition 
published  in  England  “ as  having  made  such  a Declaration  to 
“his  honor  the  Lieut.  Governor  respecting  a plan  formed  by 


MASSACHUSETTS  PAPERS. 


163 


“ the  People  to  remove  the  King’s  Troops  and  the  Commission- 
“ ers  of  the  Customs  from  the  Town  of  Boston  as  was  likely  to 
“be  attended  with  the  most  pernicious  consequences  to  this 
“ Province.” 

h.  our  Petitioner  hereupon  begs  leave  to  observe  to  your 
honors  that  he  has  represented  Mr.  Tyler  only  as  having  made 
a Declaration  of  that  kind,  and  divers  other  Gentlemen  as  onty 
“ adopting  what  Mr.  Tyler  had  said  by  referring  expressly  to  it 
“and  thereupon  excusing  themselves  from  enlarging.” 

Before  your  Petitioner  attempts  to  explain  his  said  Deposi- 
tion he  hopes  he  may  without  offence  be  allowed  to  take  notice 
that  he  hath  not  used  the  words — Commissioners  of  the  Cus- 
toms— as  is  expressed  in  the  Vote  of  Council,  but — the  Com- 
missioners only : and  he  the  rather  takes  notice  of  this  variation 
because  it  brings  fresh  to  his  mind  how  cautious  he  was  in 
framing  his  Deposition.  He  perfectly  remembers  that  Mr. 
Tyler  mentioned  the  Commissioners  but  not  the  Commissioners 
of  the  Customs:  Your  Petitioner  therefore  did  not  insert  descrip- 
tive words  in  his  Deposition. 

Your  Petitioner  apprehends  that  the  several  positive  witnesses 
which  he  has  produced  to  prove  that  Mr.  Tyler  said  the  words 
above  mentioned  must  be  considered  as  undoubted  evidence  of 
the  fact ; but  he  never  once  pretended  to  say  that  divers  other 
Gentlemen  made  such  a declaration  otherwise  than  by  adopting 
what  Mr.  Tyler  had  said,  i.  e.  by  referring  to  it  and  thereupon 
desiring  to  be  excused  from  enlarging. 

He  thinks  he  has  not  misunderstood  the  meaning  of  the 
word  adopt.  The  word  as  he  conceives  in  its  primarj"  significa- 
tion intends — a person’s  taking  another’s  child,  as  his  own — 
From  hence  when  one  relates  a Story  or  an  historical  account 
of  Facts  upon  the  credit  of  another  without  shewing  any  doubt 
of  the  truth  of  them,  he  is  said  to  adopt  the  Story  or  account 
related  by  him ; and  in  like  manner  he  may  be  said  to  adopt 
the  opinion  of  another  when  he  expressly  refers  to  it  without 
betraying  a doubt  about  it;  he  does  so  in  a more  especial 


164 


MASSACHUSETTS  PAPERS. 


manner  when  he  refers  to  such  opinion  for  his  own  Govern- 
ment or  the  Government  of  others  in  point  of  practice.  In  this 
sense  your  Petitioner  understood  the  word  adopt.  Had  he  said 
that  divers  other  Gentlemen  confirmed  what  Mr.  Tyler  had  said, 
it  might  have  been  then  alledged  that  they  were  charged  with 
vouching  for  the  truth  of  facts  themselves,  whereas  the  word 
adopt  strictly  and  literally  implies  no  more  than  that  they  sup- 
posed the  truth  of  facts  on  the  credit  of  the  Relator;  nor  did 
your  Petitioner  ever  intend  anything  more  by  it:  and  that 
upon  supposition  of  the  truth  of  the  facts  related  they  might 
found  their  opinion. 

Your  Petitioner  therefore  hopes  his  Deposition  cannot  be 
considered  as  containing  any  unjust  charge  against  any  of  the 
Gentlemen  of  the  Council  who  referred  to  what  had  been  said 
by  another  Gentleman  as  aforesaid. 

Nor  did  your  petitioner  ever  apprehend  that  the  good  people 
of  the  Province  in  general  were  at  all  chargeable  with  forming 
any  unjustifiable  plan.  If  the  Plan  said  to  have  been  formed  to 
remove  the  Troops  and  Commissioners  was  to  have  been  exe- 
cuted in  a legal  and  Constitutional  way,  they  would  doubtless  be 
ready  to  avow  it  themselves.  If  it  was  to  have  been  executed 
by  violence  such  plans  are  usually  formed  by  a few;  and  if  it 
was  formed  after  the  Evening  of  the  Fifth  and  before  noon  of 
the  Sixth  of  March,  it  may  well  be  supposed  that  there  were 
very  few  concerned  in  the  forming  of  it. 

Your  Petitioner  never  intended  to  convey  any  idea  of  the 
plan  being  formed  prior  to  the  Sixth  of  March  rather  than  after 
it;  he  is  confident  that  he  has  been  precise  in  setting  down  the 
very  words  used  on  the  occasion  without  adding  any  construc- 
tion of  his  own. 

Your  Petitioner  will  not  presume  to  make  any  other  observa- 
tions on  the  Depositions  of  the  Gentlemen  of  the  Council  who 
were  concerned  in  this  business  save  that  they  are  generally 
negative  Testimonies  and  some  of  them  principally  argumen- 
tative. The  original  matter  wherein  the  testimony  of  divers 


MASSACHUSETTS  PAPERS. 


165 


of  said  Gentlemen  differs  from  tliat  of  your  Petitioner  appears 
to  him  to  be  concerning  what  relates  to  the  Commissioners  with 
regard  to  which  he  apprehends  his  Deposition  is  fully  supported 
by  the  testimony  of  disinterested  Witnesses  then  present. 

Your  Petitioner  drew  up  a memorandum  of  that  day’s  pro- 
ceedings without  the  privity  of  any  one  merely  to  assist  his 
memory  in  future. 

AYhen  he  was  afterwards  called  upon  by  the  Lieut.  Governor 
for  his  testimony  concerning  these  matters  he  had  this  Memo- 
randum or  narrative  copied  without  any  alteration.  It  does 
not  appear  to  have  had  any  influence  on  the  Measures  of 
Government  at  Home  as  the  proceedings  relative  to  the  Troops 
are  not  so  much  as  mentioned  in  the  Resolves  of  the  King  in 
Council  in  July  last:  nor  has  he  heard  of  any  private  Letter 
from  London  mentioning  the  said  Deposition  as  like  to  be 
attended  with  any  pernicious  consequences.  He  therefore 
prays  that  for  the  Reasons  herein  mentioned  and  those  in  his 
Petition  on  the  5th  inst.,  this  Hon’ble  Board  will  in  justice  to 
his  character  order  the  same  together  with  the  Depositions  he 
has  adduced  to  be  lodged  on  the  files  of  this  Court  and  take 
such  further  order  for  preventing  any  prejudice  to  his  character 
on  this  occasion  as  in  Equity  shall  seem  meet.  And  your  Peti- 
tioner shall  as  in  Duty  bound  ever  pray, 

ANDREW  OLIVER. 

Oct.  16.  Read  in  Council. 

A True  Copy  from  the  Original  Petition, 

Attest, ' 


JNO.  COTTON,  D.  Secr’y. 


166 


MASSACHUSETTS  PAPERS. 


AFFIDAVIT  OF  BENJAMIN  CALDWELL,  OCTOBER,  1770. 

Benjamin  Caldwell  of  Lawful  age  Deposetli — That  on  tlie 
6 tli  March  last  in  the  afternoon  about  4 o’clock  he  went  to  the 
Council  by  desire  of  Col.  Dalrymple,  and  in  the  Debates  there 
heard  Mr.  T}rler  say  to  the  following  effect — That  the  People 
in  the  Town  were  so  exasperated  against  the  King’s  Troops 
that  nothing  but  a total  and  immediate  removal  of  them  would 
be  satisfactory — That  there  was  then  in  town  meeting  upwards 
of  3000  People — -that  there  would  be  before  next  evening  ten 
thous’d  more  from  the  Country. — That  the  Troops  could  by  no 
means  remain  in  Town  with  any  degree  of  safety,  and  if  they 
were  not  immediately  removed  the  People  would  take  to  their 
arms  and  destroy  them— Should  it  be  deemed  Rebellion  or 
occasion  the  loss  of  the  Charter — That  a plan  was  fixed  to 
have  them  and  the  Commissioners  removed,  and  that  the  Plan 
was  not  formed  by  such  People  as  formerly  destroyed  the 
Lieutenant  Governor’s  House,  but  by  Persons  of  the  first  Con- 
sequence and  Estates  in  the  Country  and  men  of  Religion. 
The  several  other  Gentlemen  of  the  Council  adopted  what  Mr. 
Tyler  had  said  and  excused  themselves  from  enlarging, 
and  further  saith  not 

BEK  CALDWELL. 

Ques.  What  do  you  mean  when  you  say  “ that  several  Gen- 
tlemen of  the  Council  adopted  what  Mr.  Tyler  had  said  ? ” 

Ans.  I mean  that  they  appeared  to  agree  with  him  by  not 
contradicting  anything  he  had  said. 

Middlesex,  SS,  Cambridge,  Oct.  1770.  Benjamin  Caldwell, 
Esq.,  made  oath  to  the  Truth  of  the  foregoing  Deposition  by 
him  subscribed  in  perpetuam  rei  memoriam;  and  being  inter- 
rogated on  Oath  to  the  Question  subsequent  to  said  Deposition 


MASSACHUSETTS  PAPERS. 


167 


made  the  answer  subjoined.  Andrew  Oliver,  Esq.,  (at  whose 
request  said  Deposition  was  taken)  and  Samuel  Danforth,  John 
Erving,  Thomas  Hubbard,  Harrison  Gray,  James  Bussell, 
Boyal  Tyler,  James  Pitts,  and  Samuel  Dexter,  Esq’rs,  being 
notified  were  present  at  the  Caption. 

Before  us, 

JOSEPH  LEE, 

WM.  KNEELAND, 

Just.  Pads  Quorum  unv.s. 

A true  Copy. 

WM.  KNEELAND. 


PROCEEDINGS  OP  THE  HOUSE  OF  REPRESENTATIVES  OF 
MASSACHUSETTS. 


In  the  House  of  Representatives,  Oct.  17,  1770. 


The  present  critical  situation  of  the  public  affairs  now  de- 
pending in  Great  Britain,  wherein  this  province  in  general  and 
this  House  in  particular  are  concerned,  requiring  that  some 
gentleman  of  ability  and  Integrity  should  be  employed  as 
Agent  for  this  House  to  transact  such  matters  as  may  be  com- 
mitted to  his  care.  Therefore  Voted  That  the  House  will  pro- 
ceed to  the  Choice  of  an  Agent  on  Wednesday  next  at  3 
o’clock  P.  M. 


THOMAS  CUSHING,  Speaker. 


In  the  House  of  Representatives,  Oct.  24,  1770. 
Wednesday,  3 o’clock  P.  M. 

The  House  according  to  order  proceeded  to  the  choice  of  an 
Agent:  and  upon  sorting  and  counting  the  Votes  it  appeared 
that  Dr.  Benjamin  Franklin  was  chose  by  a majority.  It  was 
then  moved  and  thereupon,  Besolved  that  Dr.  Benjamin  Frank- 


168 


MASSACHUSETTS  PAPERS. 


lin  be  and  hereby  is  appointed  and  authorized  on  behalf  of  this 
House,  to  appear  before  His  Majesty  in  Council,  in  the  several 
Houses  of  Parliament,  and  at  any  other  Board  whatsoever  in 
Great  Britain,  there  to  plead  and  defend  as  the  exigency  of  the 
case  and  the  service  of  the  Province  may  require,  for  the  space 
of  one  year,  agreeable  to  such  Directions  or  Instructions  as 
from  time  to  time  he  may  receive  from  the  House  (or  some 
such  Committee  as  may  be  by  them  authorized  and  appointed 
for  that  Purpose)  entirely  relying  on  his  Vigilance  and  the 
exertion  of  his  utmost  Endeavours  to  support  the  Constitutional 
Eights  of  this  House  and  of  the  Province,  and  to  guard  against 
and  (as  far  as  in  him  lies)  to  obviate  whatever  may  have  a ten- 
dency to  prejudice  the  same. 

THOMAS  CUSHING,  Speaker. 

LETTER  FROM  THOMAS  CUSHING,  SPEAKER,  TO  BENJAMIN  FRANKLIN. 

PsOVINCE  OF  THE  MASSACHUSETTS  BAY,  Oct.  31,  1770. 

Sir: 

In  Pursuance  of  the  directions  of  the  House  of  Representa- 
tives of  His  Majesty’s  Province,  I have  the  pleasure  to  inform 
you  that  they  have  made  choice  of  you  as  their  Agent  in  Great 
Britain  for  the  purpose  mentioned  in  the  vote  which  I now 
transmit  to  you.  I am  directed  also  to  acquaint  you  that  the 
House  will  write  you  more  fully  by  the  next  conveyance  and 
will  then  furnish  you  with  such  Instructions  or  directions  as 
may  be  necessary,  entirely  confiding  in  your  Ability,  Fidelity 
and  Zeal  in  Execution  of  the  Trust  committed  to  you. 

I am  with  great  esteem, 

Your  most  humble  Serv’t, 

THOMAS  CUSHING,  Speaker. 


Benjamin  Franklin,  Esq. 


MASSACHUSETTS  PAPERS. 


169 


LETTER  FROM  THOMAS  CUSHING,  SPEAKER,  TO  BENJAMIN  FRANKLIN. 

Province  of  the  Massachusetts  Bay,  November  6,  1770. 

Sir: 

The  House  of  Eepresentatives  of  this  His  Majesty’s  Province, 
having  made  choice  of  you  to  appear  for  them  at  the  Court  of 
Great  Britain,  as  there  maybe  occasion;  it  is  necessary  that 
you  be  well  informed  of  the  state  and  circumstances  of  the 
Province,  and  the  Grievances  it  labors  under,  the  Redress  of 
which  will  require  your  utmost  attention  and  application. 

You  are  sensible  that  the  British  Parliament  has  of  late 
years  thought  proper  to  raise  a Revenue  in  America  without 
our  consent,  by  Divers  Laws  made  expressly  for  that  purpose; 
and  to  dispose  of  the  moneys,  for  the  Administration  of  Justice 
and  the  Defence  of  the  Colonies:  The  Reasons  and  Grounds  of 
our  Complaint  against  these  Acts,  are  so  well  known  and 
understood  by  you,  that  it  is  needless  for  us  to  mention  them 
at  this  time. 

The  measures  which  have  been  taken  by  the  American 
Assemblies,  to  obtain  the  Repeal  of  these  Acts,  though  alto- 
gether consistent  with  the  Constitution,  and  clearly  within  the 
bounds  of  the  Subjects’  Rights  have  been  nevertheless  disgust- 
ful to  Administration  at  home,  to  whom  we  have  been  con- 
stantly represented  by  servants  of  the  Crown,  and  others  on 
this  side  the  Water,  in  the  most  disagreeable  and  odious  light. 

Whether  this  Province  has  been  considered  as  having  a lead 
among  the  other  Colonies  which  they  have  never  affected : or 
whether  it  is  because  Governor  Bernard,  the  Commissioners  of 
the  Customs  and  others  who  have  discovered  themselves  pecu- 
liarly inimical  to  the  Colonies  have  had  their  residence  here, 
certain  it  is  that  the  Resentment  of  Government  at  Home  has 
been  particularly  pointed  against  this  Province.  For  it  is 
notorious  that  we  have  been  charged  with  taking  inflammatory 


170 


MASSACHUSETTS  PAPERS. 


measures  tending  to  create  unwarrantable  combinations,  to 
excite  an  unjustifiable  opposition  to  tbe  Constitutional  Autho- 
rity of  Parliament  and  revive  unhappy  Divisions  among  the 
Colonies,  and  we  have  frequently  been  censured  as  disobedient 
to  Government  for  parts  of  conduct  taken  by  us,  in  no  wise 
dissimilar  to  those  which  have  been  taken  by  other  Colonies, 
without  the  least  censure  or  observation. 

While  Administration  appeared  to  have  conceived  undue 
Prejudice  against  us,  our  enemies  here  have  not  failed  to  take 
every  measure  to  increase  those  prejudices  and  particularly  by 
representing  to  the  King’s  Ministers  that  a spirit  of  Faction 
had  so  greatly  and  universally  prevailed  among  us,  as  that 
Government  could  not  be  supported  and  it  was  unsafe  for  the 
officers  of  the  Crown  to  live  in  the  Province  and  execute  their 
Trust,  without  the  protection  of  a Military  Force.  Such  a 
force  they  at  length  obtained:  the  consequence  of  which  was  a 
scene  of  Confusion  and  Distress  for  the  space  of  Seventeen 
Months,  which  ended  in  the  Blood  and  Slaughter  of  his  Ma- 
jesty’s good  subjects. 

It  was  peculiarly  mortifying  to  us,  to  see  the  whole  system 
of  civil  Authority  in  the  Province  yielding  to  this  most  danger- 
ous Power,  and  at  the  same  time,  when  the  Interposition  of  the 
civil  Magistrate  was  of  the  most  pressing  necessity,  to  check 
the  wanton  and  bloody  career  of  the  Military,  the  Lieutenant 
Governor  himself  declared,  as  Governor  Bernard  had  before, 
that  “He  had  no  Authority  over  the  King’s  Troops  in  the 
Province”  and  his  Majesty’s  representative  in  Council  became 
an  humble  supplicant  for  their  removal  out  of  the  Town  of 
Boston.  What  would  be  the  feeling  of  the  subjects  in  Great 
Britain  if  contrary  to  their  Bill  of  Rights,  and  indeed  to  every 
Principle  of  civil  Government,  soldiers  were  posted  even  in 
their  Capital  without  the  consent  of  their  Parliament  and  yet  the 
subjects  of  the  same  Prince  in  America,  who  are  entitled  to  the 
same  Freedom,  are  compelled  to  submit  to  as  great  a Military 
Power  as  Administration  shall  be  pleased  to  order,  to  be  posted 


MASSACHUSETTS  PAPERS. 


171 


among  them  in  a time  of  profound  Peace  without  the  consent 
of  their  Assemblies,  and  his  Military  Power  is  allowed  to 
trample  upon  the  Law  of  the  land,  the  common  security,  with- 
out Restraint ; such  an  instance  of  absolute,  uncontrolled  mili- 
tary Tyranny  must  needs  be  alarming  to  those,  who  have  before 
in  some  measure  enjoyed  and  are  still  entitled  to  the  blessings 
of  a free  civil  Government,  having  never  forfeited  the  character 
of  loyal  Subjects. 

After  the  fatal  Tragedy  of  the  5th  of  March  last,  the  Regi- 
ments under  the  command  of  Lt.  Colonel  Dalrymple  were 
removed  from  the  Town  of  Boston,  to  the  Barracks  on  Castle 
Island,  in  consequence  of  a Petition  of  the  Town  to  the  Lt. 
Governor  and  his  Prayer  to  the  Colonel,  since  which  in  Pursu- 
ance of  Instruction  to  the  Lt.  Governor,  the  Garrison  then  in 
the  Bay  of  the  Province  has  been  withdrawn,  and  a Garrison 
of  his  Majesty’s  Regular  Troops  placed  in  their  stead  and  by 
the  inclosed  Affidavits*  it  appears  that  merely  in  obedience  to 
Instructions  the  Lieutenant  Governor  has  made  an  absolute 
surrender  of  the  Fortress  to  Colonel  Dalrymple;  and  although 
the  surrender  was  made  by  him  ostensibly  as  Lieutenant 
Governor,  yet  even  the  show  that  was  made  of  the  Authority 
of  the  Governor  served  only  to  make  the  surrender  the  more 
solemn  and  effectual;  the  Governor  by  Charter  has  the  Right  of 
committing  the  Custody  and  Government  of  the  Fortress  to 
such  person  or  Persons  as  to  him  shall  seem  meet.  But  he  has 
given  up  this  Right  to  Colonel  Dalrymple  by  vesting  him  with 
the  Power  of  garrisoning  the  Fortress  with  such  Person  or 
Persons  as  to  him  shall  seem  meet,  and  so  far  forth  he  has  in 
an  instance  of  the  greatest  importance  divested  himself  of  the 
Government  of  this  Province. 

We  cannot  help  observing  upon  this  occasion  that  the  In- 
structions which  have  of  late  been  given  to  the  Governor, 
some  of  them  at  least  have  directly  militated,  as  in  the  present 


* Capt.  Phillips  and.  Mr.  Hall. 


172 


MASSACHUSETTS  PAPERS. 


instance,  with  the  Charter  of  the  Province ; and  these  Instruc- 
tions are  not  always  adapted  to  promote  his  Majesty’s  Service, 
or  the  good  of  the  People,  within  this  Province,  but  often 
appear  to  be  solely  calculated  to  further  and  execute  the 
measures  and  enforce  the  Laws  of  a different  state,  by  which 
means  his  Majesty’s  Colonies  may  be  entirely  subjected  to  the 
absolute  will  of  his  other  subjects  in  Great  Britain,  for  which 
there  can  be  no  pretence  of  Right  but  what  is  founded  in  mere 
Force. 

By  virtue  of  such  positive  Instructions,  the  General  Assembly 
of  the  Province  has  been  removed  from  its  ancient  established 
and  only  convenient  seat  in  Boston,  and  is  still  obliged  to  hold 
its  session  at  Harvard  College  in  Cambridge,  to  the  great  in- 
convenience of  the  Members  and  Injury  of  the  People,  as  well 
as  Detriment  of  that  Seminary  of  Learning  without  any  Reason 
that  can  be  assigned  but  will  and  Pleasure,  and  thus  the  Pre- 
rogative of  the  King,  which  is  a Trust  reposed  in  him,  to  be 
improved  only  for  the  welfare  of  his  Subjects  is  perverted  to 
their  manifest  Injury. 

And  what  is  still  more  grievous  is  that  the  Governor  of  the 
Province,  is  absolutely  inhibited,  as  we  are  told,  from  laying- 
before  the  Assembly  any  Instructions  which  he  receives  even 
such  as  carry  in  them  the  evident  marks  of  his  Majesty’s  dis- 
pleasure, by  which  means  the  House  of  Representatives  cannot 
have  it  in  their  power  to  obtain  here  that  precise  knowledge  of 
the  Grounds  of  our  Sovereign’s  displeasure,  which  they  are  in 
reason  and  Justice  entitled  to,  nor  can  the  ministry  be  made 
responsible  for  any  measure  they  may  advise  to  in  order  to 
introduce  and  establish  an  illegal  and  arbitrary  Government 
over  his  Majesty’s  Subjects  in  the  Colonies-. 

We  have  an  instance  of  this  Kind  now  before  us,  The  Lieu- 
tenant Governor  of  the  Province  having  in  his  speech  at  the 
opening  of  this  session  given  a dark  hint  of  something  intended 
against  the  Province,  and  when  the  House  of  Representatives 
earnestly  desired  him  to  explain  it  that  they  might  have  a clear 


MASSACHUSETTS  PAPERS. 


173 


understanding  of  what  was  intended  therein,  he  declared,  as  he 
had  before  done  in  other  like  cases,  that  he  was  not  at  liberty 
to  make  public  or  to  communicate  to  them  by  speech  or 
message  an  order  of  his  Majesty  in  Council  which  he  had 
received,  although  in  consequence  thereof  the  state  of  the 
Province  was  to  be  laid  before  Parliament,  and  yet  extra- 
ordinary as  it  may  appear,  he  at  the  same  time  by  a message 
declared,  that  although  he  was  not  at  Liberty  to  lay  the  order 
before  the  House,  he  was  very  ready  to  give  all  the  information 
in  his  power  to  any  Committee  they  might  think  proper  to 
appoint  of  the  facts  and  grounds  upon  which  it  was  founded  so 
far  as  should  be  consistent  with  his  Instructions. 

By  such  conduct  in  the  ministry  it  appears,  that  we  again 
may  be  accused  and  censured  by  Parliament,  as  we  have  hereto- 
fore been,  and  perhaps  suffer  the  greatest  injury  without 
knowing  our  accusers,  or  the  matters  that  may  be  alledged 
against  us. 

At  the  same  time,  by  an  order  of  Parliament  that  the  names 
of  Persons  giving  Intelligence  to  ministry,  which  may  at  any 
time  be  laid  before  Parliament,  shall  be  made  secret  even  to 
the  members  themselves,  the  greatest  encouragement  is  given 
to  Persons  inimical  to  the  Province,  to  send  home  false  rela- 
tions of  Speeches  and  Proceedings,  in  public  Assemblies  and 
elsewhere  containing  injurious  charges  upon  Individuals  as 
well  as  public  Bodies,  some  of  which  have  been  transmitted 
home  under  the  seal  of  the  Province,  without  the  least  notice 
given  to  these  bodies,  or  to  any  but  the  few  in  the  secret  to 
attend  and  cross-examine  such  witnesses.  And  thus  even  the 
Parliament  itself  may  be  mislead  into  measures,  highly  injuri- 
ous and  destructive  to  the  Province,  by  the  Calumny  and  De- 
traction of  those  who  are  not  and  cannot  be  known,  and  whose 
Falsehoods  therefore  cannot  be  detected.  So  wretched  is  the 
state  of  this  Province,  not  only  to  be  subject  to  absolute  In- 
structions given  to  the  Governor  to  be  the  will  of  his  Adminis- 
tration, whereby  some  of  the  most  essential  clauses  of  our 


174 


MASSACHUSETTS  PAPERS. 


charter  vesting  in  him  Powers  to  he  exercised  for  the  good  of 
the  People  are  totally  rescinded,  which  is  in  reality  a state  of 
Despotism,  but  also  to  a standing  Army  which  being  uncon- 
trolled by  any  Authority  in  the  Province  must  soon  tear  up 
the  very  foundation  of  civil  Government. 

Moreover  we  have  the  highest  reason  for  Complaint  that  since 
the  late  Parliamentary  Regulations  of  the  Colonies,  the  Jurisdic- 
tion of  the  Court  of  Admiralty  has  been  extended  to  so  enor- 
mous a length,  as  itself  to  threaten  the  very  being  of  the  Consti- 
tution. By  the  Statute  of  4 Geo.  8:  Chap  15;  All  Forfeitures 
and  Penalties  inflicted  by  this  or  any  other  Act  relating  to  the 
Trade  and  Revenue  of  the  British  Colonies  and  Plantations  in 
America  which  shall  be  incurred  there  may  be  prosecuted, 
sued  for  and  recovered  in  any  Courts  of  Admiralty  in  the  said 
Colonies.  Thus  a single  Judge,  Independant  of  the  People, 
and  in  a civil  Law  Court,  is  to  try  these  extraordinary  Forfeit- 
ures and  Penalties  without  a Jury ; Whereas  the  same  Statute 
provides  that  all  Penalties  and  Forfeitures  which  shall  be  in- 
curred in  Great  Britain,  shall  be  prosecuted,  sued  for  and 
recovered  in  any  of  his  Majesty’s  Courts  of  Record  in  West- 
minster or  in  the  Court  of  Exchequer  in  Scotland  respectively. 
Here  is  the  most  unreasonable  and  unjust  distinction  made 
between  the  Subjects  in  Britain  and  America,  as  though  it 
were  designed  to  exclude  us  from  the  least  share  in  that  clause 
of  Magna  Charta,  which  has  for  many  Centuries  been  the 
noblest  Bulwark  of  the  English  Liberties,  and  which  cannot  be 
too  often  repeated.  “No  Freeman  shall  be  taken,  or  impri- 
soned or  deprived  of  his  Freehold  or  Liberties,  or  free  Customs, 
or  be  outlawed,  or  exiled,  or  any  otherwise  destroyed,  nor  will 
we  pass  upon  him,  nor  condemn  him  but  by  the  judgment  of 
his  Peers  or  the  Law  of  the  Land.” 

These  are  some  of  the  Insupportable  Grievances  which  this 
Province  has  long  been  labouring  under,  and  which  still 
remain  altogether  unredressed:  For  although  they  have  been 
set  forth  in  the  clearest  manner  by  humble  Petitions  to  the 


MASSACHUSETTS  PAPERS. 


175 


Throne,  yet  such  an  ascendency  over  us  have  the  officers  of 
the  Crown  here  in  the  minds  of  Administration  that  our  Com- 
plaints are  scarcely  heard,  our  very  Petitions  are  deemed  fac- 
tions and  instead  of  obtaining  any  relief  onr  oppressions  have 
been  more  aggravated  and  we  have  reason  to  apprehend  will 
still  be  increased. 

For  by  the  best  Intelligence  from  England  we  are  under 
strong  apprehensions  that  by  virtue  of  an  Act  of  Parliament  of 
7 Geo.  3,  which  empowers  his  Majesty  to  appropriate  a part  of 
the  Eevennes  raised  in  America  for  the  support  of  Government 
and  the  Administration  of  Justice  in  such  Colonies  where  he 
shall  judge  it  necessary,  Administration  is  determined  to  be- 
stow large  Salaries  upon  the  Attorney  General,  Judges,  and 
Governor  of  this  Province:  Whereby  they  will  be  made  not 
only  altogether  independent  upon  the  People,  but  wholly  de- 
pendent upon  the  Ministry  for  their  support.  These  appoint- 
ments will  be  justly  obnoxious  to  the  other  Colonies  and  tend 
to  beget  and  keep  up  a perpetual  Discontent  among  them.  For 
they  will  deem  it  unjust  as  well  as  unnecessary  to  be  obliged  to 
bear  a part  of  the  Support  of  Government  in  this  Province, 
when  it  is  now  as  it  always  has  been  amply  and  honorably 
supported  by  the  People  here.  And  the  making  those  Officers 
thus  independent  will  be  to  introduce  into  this  Province  an 
arbitrary  Administration  in  the  State  and  even  in  the  Courts 
of  Law,  especially  if  Designs  are  also  meditating  to  make  other 
very  important  Alterations  in  our  Charter  by  appointing  the 
Council  from  Home,  whereby  the  Executive  will  be  rendered 
Absolute  and  the  Legislature  totally  ineffectual  to  any  valuable 
purpose.  The  Assembly  is  in  all  Reason  sufficiently  dependent 
already  upon  the  Crown : One  Branch  Annually  for  its  Being 
as  it  is  subject  to  the  negative  of  the  Governor,  and  both 
Branches  for  every  Grant  and  appropriation  of  their  Money 
and  also  for  their  whole  defence  and  security,  as  he  is  Captain 
General  and  has  by  Charter  the  sole  Military  Command,  within 
the  Province.  All  civil  Officers  are  either  nominated  and  ap- 


176 


MASSACHUSETTS  PAPERS. 


pointed  by  him  with  tbe  advice  and  consent  of  bis  Majesty’s 
Council,  or  if  elected  they  are  subject  to  bis  negative,  and  our 
Laws  after  being  consented  to  by  bis  Majesty’s  Governor  are 
by  tbe  first  opportunity  from  tbe  making  thereof  to  be  trans- 
mitted to  bis  Majesty  for  his  Approbation  or  Disallowance. 
Three  years  they  are  subject  to  tbe  Revision  of  the  Crown  Law- 
yers in  Britain,  who  may  always  be  Strangers  to  our  Internal 
Polity,  and  sometimes  disaffected  to  us,  and  at  any  time  within 
tbe  Three  years  bis  Majesty  in  bis  Privy  Council  may  if  be 
thinks  proper  reject  them,  and  then  they  become  utterly  void. 
Surely  tbe  Parliament  cannot  even  wish  for  greater  checks, 
both  upon  tbe  Legislative  and  Executive  of  a Colony,  unless 
we  are  to  be  considered  as  Bastards  and  not  Sons.  A step 
further  will  reduce  us  to  an  absolute  subjection.  If  Adminis- 
tration is  resolved  to  continue  such  measures  of  severity,  tbe 
Colonies  will  in  time  consider  tbe  Mother  State  as  utterly 
regardless  of  their  W elfare.  Repeated  Acts  of  unkindness  on 
one  side,  may  by  degrees  abate  tbe  warmth  of  affection  on  tbe 
other,  and  a total  alienation  may  succeed  to  that  happy  Union, 
Harmony  and  Confidence  which  bad  before  always  subsisted, 
and  we  sincerely  wish  may  always  subsist.  If  Great  Britain 
instead  of  treating  us  as  their  Fellow  Subjects  shall  aim  at 
making  us  their  vassals  and  slaves,  the  consequences  will  be 
that  altho’  our  Merchants  have  receded  from  their  non-importa- 
tion agreement,  yet  the  Body  of  the  People  will  vigorously 
endeavor  to  become  independent  on  the  Mother  Country  for 
their  supplies,  and  sooner  than  she  may  be  aware  of  it,  may 
manufacture  for  themselves.  The  Colonies  like  healthy  young 
sons  have  hitherto  been  cheerfully  building  up  the  Parent 
state,  and  how  far  Great  Britain  will  be  affected,  if  they  should 
be  rendered  even  barely  useless  to  her  is  an  object  which  we 
conceive  is  at  this  very  Juncture  worth  the  Attention  of  a 
British  Parliament. 

Enclosed  are  the  proceedings  of  his  Majesty’s  Council  of  this 
Province  upon  an  Affidavit  of  Mr.  Secretary  Oliver,  which  this 


MASSACHUSETTS  PAPERS. 


177 


House  apprehend  lias  a Tendency  to  make  a very  undue  im- 
pression on  the  minds  of  his  Majesty’s  Ministers  and  others 
respecting  the  Temper  and  Disposition  of  the  People,  previous 
to  the  tragical  Transaction  of  the  Town  of  Boston  on  the  5th 
of  March  last.  You  are  therefore  desired  so  to  improve  them 
as  to  prevent  such  unhappy  consequences  from  taking  effect. 

Your  own  acquaintance  with  this  Province,  and  your  well 
known  warm  attachment  to  it,  will  lead  you  to  exert  all  your 
Powers  in  its  defence ; and  as  the  Council  have  made  choice  of 
Mr.  Bollan  for  their  Agent,  you  will  no  doubt  confer  with  him, 
and  concert  such  measures  as  will  promote  our  common  Inte- 
rest. Your  Abilities  we  greatly  confide  in,  but  if  you  shall 
think  it  for  the  Advantage  of  the  Province  to  consult  with  and 
employ  Council  learned  in  the  Law,  the  Importance  of  your 
Agency  will  be  a motive  sufficient  for  us  to  acquiesce  in  such 
expence,  on  that  account,  as  your  own  judgment  shall  dictate 
to  you  to  be  necessary. 

In  the  name  and  by  order  of  the  House, 

I am,  with  Respect, 

Your  most  humble  Serv’t, 

THOMAS  CUSHING,  Speaker. 

To  Benjamin  Franklin,  Esq. 

P.  S.  The  House  have  made  choice  of  Dr.  Lee  as  their  Agent 
in  case  of  your  Death  or  absence  from  Great  Britain. 


PROCEEDINGS  OF  THE  MASSACHUSETTS  HOUSE  OF  REPRESENTATIVES. 

In  the  House  of  Representatives,  February  1774. 
Whereas  it  appears  to  this  House,  by  a writing  under  the 
Hand  of  the  Hon’ble  Peter  Oliver,  Esq.,  the  Chief  Justice  of 
the  Superior  Court  of  Judicature,  Court  of  Assize  and  General 
23 


178 


MASSACHUSETTS  PAPERS. 


Gaol  Delivery,  over  this  Province,  a Court  wholly  erected  and 
constituted  by  the  Great  and  General  Court  of  Assembly  of 
the  Same  Province  by  a Power  granted  to  the  said  General 
Court  by  the  Eoyal  Charter,  that  the  said  Peter  Oliver,  Esq., 
declining  any  more  to  take  and  receive  the  Grants  of  the 
General  Assembly  of  this  Province,  for  his  Services  as  Chief 
Justice  of  the  said  Superior  Court,  hath,  contrary  to  the  usage 
and  custom  of  the  Justices  of  the  said  Court,  ever  since  the 
erecting  and  constituting  of  the  same  invariably  used  and 
approved ; and  contrary  to  the  plain  sense  and  meaning  of  the 
said  Eoyal  Charter;  and  against  the  known  Constitution  of  this 
Province,  accepted  received  and  taken  a Salary  and  Eeward 
granted  him  by  his  Majesty,  for  his  services  as  Chief  Justice  of 
the  said  Superior  Court,  from  the  Fifth  day  of  July  1772  to 
the  Fifth  day  of  January  1774 : And  that  he  hath  also  plainly 
given  this  House  to  understand  by  the  same  writing,  under  his 
hand,  his  Eesolution  for  the  future  to  accept  the  salary  and 
Eeward,  which  he  affirms  is  granted  to  him  by  his  Majesty, 
during  his  residence  in  the  Province,  as  Chief  Justice  of  the 
said  Superior  Court. 

And  whereas  it  appears  to  this  House  that  the  said  Peter 
Oliver,  Esq.,  hath  received  the  said  Salary  and  Eeward,  out  of 
the  Eevenue  unjustly  and  unconstitutionally  levied  and  ex- 
torted from  the  Inhabitants  of  the  American  Colonies : 

And  whereas  the  said  Peter  Oliver,  Esq.,  hath  perversely  and 
corruptly  done  as  aforesaid,  against  the  known  sense  of  the 
Body  of  the  People  of  this  Province,  most  fully  and  expressly 
declared  in  the  several  Eesolutions  of  divers  Houses  of  Eepre- 
sentatives,  and  otherwise. 

Therefore  Eesolved,  That  the  said  Peter  Oliver,  Esq.,  hath  by 
his  conduct  as  aforesaid,  proved  himself  an  Enemy  to  the 
Constitution  of  this  Province,  that  he  has  done  that  which  hath 
an  obvious  and  direct  tendency  to  the  perversion  of  Law  and 
Justice  in  the  said  Court,  and  is  become  justly  obnoxious  to  the 
good  people  of  this  Province. 


MASSACHUSETTS  PAPERS. 


179 


Resolved,  That  the  said  Peter  Oliver,  Esq.,  hath  by  his  Con- 
duct as  aforesaid  rendered  himself  totally  disqualified  any 
longer  to  hold  and  act  in  the  office  of  a Justice  of  the  said 
Court,  and  ought  forthwith  to  be  removed  therefrom. 

Resolved,  That  this  House  will  remonstrate  to  his  Excellency 
the  Governor  and  Council  of  this  Province,  the  said  Conduct 
of  the  said  Peter  Oliver,  Esq.,  praying  that  he  may  not  be 
suffered  any  more  to  sit  and  act  in  his  office  of  Chief  Justice  of 
said  court ; and  that  he  may  forthwith  and  without  any  delay 
be  removed  therefrom. 


PETITION  OF  THE  HOUSE  OF  REPRESENTATIVES  OF  MASSACHUSETTS 
TO  THE  GOVERNOR. 

Province  of  the  Massachusetts  Bay,  [February  12,  1774.] 

To  His  Excellency  the  Governor:’ 

The  House  of  Representatives  being  still  deeply  impressed 
with  a sense  of  the  Importance  and  necessity  of  Removing 
Peter  Oliver,  Esq.,  Chief  Justice  of  the  Superior  Court,  now 
wait  on  your  Excellency  with  this  repeated  Petition,  to  which 
we  hope  your  Excellency  will  not  give  a Denial,  and  pray 
that  your  Excellency  would  be  pleased  to  take  our  Remon- 
strance and  Petition  to  the  Governor  and  Council  of  the  12th 
Instant  into  your  further  consideration ; and  although  your 
Excellency  has  signified  to  this  House  that  you  shall  not  take 
any  steps  for  the  Removal  of  the  Chief  Justice  from  his  Place, 
yet  as  it  is  in  the  Judgment  of  this  House  a matter  of  the  most 
weighty  concernment  to  this  Province,  We  pray  that  your 
Excellency  would  please  take  the  advice  of  his  Majesty’s  Coun- 
cil thereon.  We  do  with  the  greatest  Propriety  urge  this 
matter,  as  we  find  in  the  Royal  Charter  that  the  principal  End 
of  the  Institution  of  the  Council  is  to  be  advising  and  assisting 
to  the  Governor  in  ordering  and  directing  the  affairs  of  the 


180 


MASSACHUSETTS  PAPERS. 


Province,  and  that  they  are  expressly  appointed  for  that  very 
end,  and  your  Excellency’s  determining  on  this  matter  by 
yourself,  would  be  to  order  and  direct  one  of  the  most  Import- 
ant affairs  of  this  Province  without  the  advice  and  assistance  of 
the  Council,  and  contrary  to  the  most  evident  design  of  the 
Charter. 

We  do  assure  your  Excellency  that  the  “written  paper” 
which  you  are  pleased  in  your  Message  of  yesterday  to  say, 
“ purported  a Remonstrance  against  Peter  Oliver,  Esq.,”  was  in 
truth,  the  Remonstrance  and  Petition  of  this  House,  passed 
after  the  most  mature  deliberation,  by  a very  great  majority  in 
a very  full  House. 

Your  Excellency  will  please  to  consider  that  this  House  is 
well  knowing  to  the  general  sense  of  their  Constituents  in  this 
matter: -and  we  can  assure  you,  that  the  continuance  of  the 
Chief  Justice  in  his  Place,  will  increase  the  uneasiness  of  the 
People  without  Doors  and  endanger  the  public  tranquility. 

We  therefore  earnestly  intreat  your  Excellency  that  while 
we  are  in  this  Instance  “employing  the  powers  with  which  we 
are  intrusted  in  promoting  the  tranquility  and  good  order  of 
the  Government,”  we  may  agreeable  to  your  declaration  in  your 
Speech  to  both  Houses  find  that  you  are  ready  to  give  your 
consent  to  a request  of  the  House  intended  for  that  and  other 
great  and  Important  Purposes;  and  that  your  Excellency  will 
immediately  take  every  step  for  the  Removal  of  the  Chief 
Justice  from  the  Superior  Court. 


In  the  House  of  Representatives,  February  16th,  1774. 

Ordered  That  Mr.  Hancock,  Mr.  Phillips,  Major  Hawley, 
Captain  Greenleaf,  and  Mr.  Allen,  be  a Committee  to  carry  up 
the  following  Message  to  the  Honorable  Board,  viz: 

May  it  please  the  Honorable  Board, 

The  House  of  Representatives  beg  leave  to  acquaint  the 
Honorable  Board  that  Peter  Oliver,  Esq.,  Chief  Justice  of  the 


MASSACHUSETTS  PAPERS. 


181 


Superior  Court  of  Judicature  over  the  Province,  declining  any 
more  to  accept  and  receive  the  Grants  of  this  Assembly  for  his 
services  as  Justice  of  the  said  Court,  hath  contrary  to  the 
"known  Constitution  of  the  Province,  and  the  invariable  usage 
and  Custom  of  said  Court,  accepted  and  received  a Salary  and 
Reward  granted  to  him  by  his  Majesty  for  his  said  service  from 
the  5th  of  July  1772  to  the  5th  of  January  1774 : which  Salary 
and  Reward  he  hath  taken  and  received,  as  has  been  fully  made 
to  appear  to  this  House,  out  of  the  Revenue  unjustly  and  un- 
constitutionally levied  and  extorted  from  the  Inhabitants  of 
the  American  Colonies.  And  the  said  Peter  Oliver,  Esq.,  hath 
also  given  this  House  clearly  to  understand  b.y  a writing  under 
his  hand,  a true  copy  of  which,  together  with  Certain  Resolu- 
tions of  this  House  thereupon  will  be  laid  on  the  Council  Table, 
that  he  is  determined  for  the  future  to  accept  the  Salary  and 
Reward,  which  he  affirms  is  granted  to  him  by  his  Majesty 
during  his  Residence  in  the  Province  as  Chief  Justice  of  the 
said  Superior  Court. 

The  House  would  further  acquaint  the  Honorable  Board, 
that  they  did  on  the  12th  of  this  Instant  February,  pass  a 
Remonstrance  and  Petition  to  his  Excellency  the  Governor  and 
Council,  setting  forth  that  the  said  Peter  Oliver,  Esq.,  by  his 
conduct  as  aforesaid  acting  against  the  known  sense  of  the  Body 
of  the  People  of  this  Province,  most  fully  and  expressly  de- 
clared in  the  several  Resolutions  of  divers  Houses  of  Represent- 
atives and  otherwise  had  detached  himself  totally  from  his 
Connections  with  them,  and  lost  their  confidence  and  praying 
that  he  might  not  be  suffered  any  longer  to  sit  and  act  in  the 
office  of  Chief  Justice  of  the  said  Superior  Court ; but  that  he 
might  forthwith  be  removed  therefrom ; which  Remonstrance 
and  Petition  the  House  did  on  the  same  day  specially  charge 
the  Secretary  to  deliver  to  the  Governor  without  delay. 

The  Honorable  Board  will  please  further  to  be  informed  that 
his  Excellency  by  his  Message  of  yesterday  acknowledged  that 
the  said  Petition  and  Remonstrance  had  been  laid  before  him, 


182 


MASSACHUSETTS  PAPERS. 


and  expressly  declared  to  tills  House  that  “ He  was  obliged  in 
Duty  to  the  King  to  decline  their  Request”  and  also  signified  to 
the  House  that  he  should  not  take  any  step  for  the  Removal  of 
the  said  Chief  Justice  on  that  account.  A Copy  of  said  Re- 
monstrance and  Petition  with  his  Excellency’s  said  Message 
will  also  be  laid  upon  the  Council  Table. 

Now  this  House  having  after  the  most  mature  Deliberation 
judged  the  matter  afore  mentioned  to  be  of  the  most  weighty 
Importance  to  this  Province,  do  think  themselves  Bound  in 
Duty  to  their  Constituents,  thus  explicitly  to  represent  them  to 
the  Honorable  Board,  that  the  Honorable  Board  may  duly 
advise  thereon,  and  act  and  determine  as  in  their  own  Wisdom 
they  shall  think  proper. 


MESSAGE  FROM  THE  GOVERNOR  OF  MASSACHUSETTS  TO  THE  HOUSE 
OF  REPRESENTATIVES. 


[Feb.  22, 1774.] 

Gentlemen  of  the  House  of  Representatives: 

In  my  answer  to  your  Address  which  you  directed  the 
Secretary  to  deliver  to  me,  I acquainted  you  that  to  comply 
with  your  Request  would  be  to  counteract  the  King  in  a matter 
upon  which  his  Majesty’s  Pleasure  had  been  expressly  signified 
to  me,  and  therefore,  I was  obliged  to  decline  it. 

In  a second  address  presented  by  your  Speaker,  the  House 
attending,  you  desire  me  to  take  your  Remonstrance  into  my 
further  consideration,  and  also  to  take  the  advice  of  His  Majes- 
ty’s Council  thereon,  of  whose  Institution  you  say  it  was  the 
principal  End  to  be  advising  and  assisting  to  the  Governor  in 
ordering  and  directing  the  affairs  of  the  Province,  and  you  add 
that  my  determining  on  the  matter  myself  would  be  to  order 
and  direct  one  of  the  most  important  affairs  of  the  Province 


MASSACHUSETTS  PAPERS. 


183 


without  the  advice  and  assistance  of  the  Council  and  contrary 
to  the  most  evident  Design  of  the  Charter. 

Yon  have  taken  particular  Parts  or  Clauses  of  the  Charter 
abstracted  from  other  Parts  or  Clauses  which  relate  to  them 
and  which  are  intended  to  qualify  and  explain  them  and  in  this 
way  you  are  enabled  to  represent  the  Constitution  very  differ- 
ent from  what  it  has  always  been  understood  to  me. 

You  have  passed  over  that  Clause  in  the  Charter  which 
authorizes  the  Governor  to  Assemble  and  call  together  the 
Council  from  time  to  time  at  his  discretion,  and  likewise 
another  Clause  reserving  a negative  voice  to  the  Governor  as 
well  in  Council  as  in  the  General  Assembly,  and  declaring  that 
no  Acts  of  Government  whatsoever  either  of  the  Council  or 
Assembly  shall  be  valid  without  his  consent. 

I am  very  sensible  that  besides  those  Acts  of  Government 
which  the  Charter  authorizes  the  Governor  to  do  by  himself, 
there  are  others  which  are  to  be  done  by  the  advice  and  con- 
sent of  the  Conncil ; and  for  the  Purpose  of  the  last  mentioned 
Act,  the  Governor  is  authorized,  from  time  to  time,  at  his  dis- 
cretion, to  Assemble  the  Council,  and  no  other  provision  is 
made  in  the  Charter  for  Assembling  or  calling  them  together. 
It  cannot  be  denied,  that  the  Governor  may  be  requested  to 
Assemble  the  Council  in  order  to  the  laying  before  them  mat- 
ters of  such  a nature,  as  that  merely  agitating  them  in  Council 
would  derogate  from  the  Honor  of  the  King,  and  suffering  a 
question  to  be  put  upon  them  would  render  the  Governor 
highly  culpable.  Surely  the  Governor  has  a discretionary 
Power  to  refuse  to  Assemble  the  Council  npon  such  a request, 
otherwise  the  Clause  in  the  Charter  must  be  altogether  nuga- 
tory, and  can  have  no  force  nor  effect,  in  any  case  whatsoever. 

There  is  a fallacy  in  your  reasoning,  and  yon  give  a specious 
appearance  to  it  by  avoiding  the  Distinction  between  the  Go- 
vernor’s doing  an  act  of  Government  without  the  Advice  of 
Council  and  his  declining  to  Assemble  the  Council  in  order  to 
their  Advice  upon  an  Act  the  subject  matter  whereof  according 


1S4 


MASSACHUSETTS  PAFEKS. 


to  liis  best  Discretion,  ought  not  to  be  made  a Question  of,  or 
come  into  Debate. 

That  I may  give  you  a full  and,  I hope,  satisfactory  answer 
to  your  Address  I must  repeat  to  you,  what  I have  had  occa- 
sion to  mention  to  former  Houses  of  Representatives — that  I 
am  the  Servant  of  the  King — that  I have  received  no  Instruc- 
tions nor  any  significations  of  his  Majesty’s  pleasure  which  are 
not  perfectly  consistent  with  your  Charter  and  which  his 
Majesty  hath  not  an  indisputable  Authority  to  give — that  such 
Instructions  or  Significations  of  his  Majesty’s  Pleasure  are,  by 
my  Commission,  the  Rule  of  my  Administration  and  to  depart 
from  them  would  be  a Breach  of  the  Trust  which  his  Majesty 
has  reposed  in  me. 

I am  nevertheless  urged  by  you  to  bring  this  Question,  in 
effect,  before  his  Majesty’s  Council,  whether  I shall  or  shall  not 
conform  to  his  Majesty’s  Pleasure  expressly  signified  to  me, 
and  take  their  Advice  upon  it.  Taking  the  Advice  of  His 
Majesty’s  Council  is  an  equivocal  Expression.  If  by  taking 
the  Advice  you  intend  no  more  than  consulting  or  advising 
with  them,  in  order  to  collect  their  opinion,  this  would  be 
trifling  with  the  Council,  as  well  as  bringing  before  them  an 
improper  Subject  of  Debate,  because  they  would  give  their 
advice  to  no  purpose  seeing  I am  not  at  liberty,  if  they  advise 
to  it,  to  disobey  the  King’s  Commands.  If  by  taking  their 
Advice  you  intend  complying  with  it,  though  it  should  be 
contrary  to  my  own  sense  of  my  Duty  to  the  King,  this  would 
be  giving  up  the  Power  of  a Negative  granted  or  reserved  to 
me,  by  the  Charter;  for  if  I do  not  use  the  Power  to  avoid  a 
Breach  of  a special  express  Trust  reposed  in  me  by  the  King, 
I know  of  no  case  in  which  I ought  to  do  it.  In  either  sense 
of  the  word  I am  not  at  liberty  to  comply  with  your  Request. 

In  a mixed  Government  a conformity  of  sentiment  in  all  the 
Parts  of  it,  upon  every  measure,  is  not  to  be  expected.  Every 
Part  may  notwithstanding  claim  a right  to  Freedom  of  Judg- 
ment in  the  exercise  af  the  Powers  assigned  to  it  by  the  Con- 


MASSACHUSETTS  PAPERS. 


185 


stitution.  The  House  of  Representatives,  -by  long  usage,  is  in 
possession  of  the  Power  of  originating  all  Grants  of  the  Estate 
of  the  Province,  whether  in  Lands  or  money.  I have  often 
thought  the  Grants  made  by  former  Houses  much  short  of  an 
Equivalent  to  the  services  which  they  were  intended  to  com- 
pensate, I have  never  urged  enlarging  them  contrary  to  the 
free  judgment  of  the  House.  The  Power  of  Assembling  the 
Council  in  order  to  their  Advice,  is  by  Charter  as  well  as  un- 
interrupted usage,  in  the  Governor.  I have  a right  to  equal 
Freedom  of  Judgment  in  the  Exercise  of  this  Power. 

If  I persist  in  an  erroneous  Judgment,  upon  your  humble 
Representations  to  his  Majesty,  and  making  the  error  to  appear, 
you  may  be  sure  of  Redress ; but  until  I am  convinced  of  my 
Error  I may  not  voluntarily  depart  from  my  own  Judgment  or 
Discretion  and  govern  myself  by  the  Discretion  of  the  House 
of  Representatives,  for  I shall  then  be  justly  chargeable  with 
subverting  a material  Part  of  the  Constitution. 

T.  HUTCHINSON. 

Province  House,  22d  February,  1774. 


MESSAGE  FROM  THE  GOVERNOR  OF  MASSACHUSETTS  TO  THE  HOUSE 
OF  REPRESENTATIVES. 

[February  26,  1774.] 

Gentlemen  of  the  House  of  Representatives  : 

By  your  Message  of  yesterday  you  informed  me  that  you 
had  resolved  to  impeach  Peter  Oliver,  Esq.,  Chief  Justice  of 
the  Superior  Court,  &c.,  before  the  Governor  and  Council,  of 
High  crimes  and  misdemeanors,  and  that  you  had  prepared 
Articles  of  Impeachment,  and  you  prayed  that  I would  be  in 
the  Chair  that  you  might  then  have  an  opportunity  of  laying 
them  before  the  Governor  and  Council. 

24 


18(5 


MASSACHUSETTS  PAPERS. 


I know  of  no  species  of  High  Crimes  and  misdemeanors  nor 
any  offence  against  tlie  Law  committed  within  this  Province, 
let  the  Eank  or  Condition  of  the  Offender  be  what  it  may, 
which  is  not  cognizable  by  some  Judicatory  or  Judicatories, 
and  I do  not  know  that  the  Governor  and  Council  have  a con- 
current Jurisdiction  with  any  Judicatory  in  Criminal  Cases,  or 
any  Authority  to  try  and  determine  any  species  of  High 
Crimes  and  misdemeanors  whatsoever. 

If  I should  assume  a Jurisdiction  and  with  the  Council  try 
offenders  against  the  Law  without  Authority  granted  by  the 
Charter  or  by  a Law  of  the  Province  in  pursuance  of  the 
Charter  I should  make  myself  liable  to  answer  before  a Judi- 
catory which  would  have  cognizance  of  my  offence,  and  his 
Majesty’s  Subjects  would  have  just  cause  to  complain  of  being 
deprived  of  a Trial  by  Jury,  the  general  claim  of  Englishmen 
except  in  those  cases  where  the  Law  may  have  made  special 
Provisions  to  the  contrary. 

Whilst  such  Process  as  you  have  attempted  to  commence 
shall  appear  to  me  to  be  unconstitutional,  I cannot  show  any 
countenance  to  it. 

T.  HUTCHINSON. 

Milton,  26th  Febr’y,  1774. 


LETTER  FROM  SAMUEL  ADAMS  AND  OTHERS  TO  BENJAMIN  FRANKLIN. 

Boston,  March  31,  1774. 

Sir: 

By  the  inclosed  Papers  you  will  observe  the  proceedings 
of  the  two  Houses  of  Assembly  in  the  late  session  with  regard 
to  the  Justices  of  the  Superior  Court.  The  conduct  of  Ad- 
ministration in  advising  an  annual  Grant  of  the  Crown  to  the 
Governor  and  the  Judges  whereby  they  are  rendered  absolutely 
dependent  on  the  Crown  for  their  being  and  support,  had  justly 


MASSACHUSETTS  PAPERS. 


187 


^ ry  thoroughly  alarmed  the  apprehensions  of  the  people. 

1 early  saw  that  this  measure  would  complete  the  Tragedy 
■ A -ican  Freedom,  for  they  could  conceive  of  no  state  of 
slavery  more  perfect,  than  for  a Parliament  in  which  they  could 
have  no  voice  to  claim  a power  of  making  Laws  to  bind  them  in 
all  cases  whatever,  and  to  exercise  that  assumed  Power  in  taking 
their  money  from  them  and  appropriating  it  for  the  support  of 
Judges  who  are  to  execute  such  laws  as  that  parliament  should 
see  fit  to  make  binding  upon  them,  and  a Fleet  and  Army  to 
enforce  their  subjection  to  them.  ISTo  discerning  Minister  could 
expect  that  a people  who  had  not  entirely  lost  the  Spirit  and 
Feeling  of  that  Liberty  wherewith  they  had  before  been  made 
free,  would  tamely  and  without  a struggle  submit  to  be  thus 
disgraced  and  enslaved  by  the  most  powerful  and  haughty 
Nation  on  Earth.  They  heard  with  astonishment  that  his 
Majesty,  their  own  sovereign  as  well  as  the  sovereign  of  Britain, 
had  been  advised  by  his  servants  to  signify  his  displeasure  at 
the  decent  temperate  and  humble  Petitions  of  their  Representa- 
tives, for  the  redress  of  this  intolerable  Grievance  merely 
because  they  held  up  principles  founded  in  nature,  and  con- 
firmed to  British  Subjects  by  the  British  Constitution,  and  to 
the  subjects  in  this  Province  by  a sacred  charter  granted  to  the 
Inhabitants  by  his  illustrious  predecessors  for  themselves  their 
Heirs  and  successors  forever.  They  regretted  that  the  In- 
fluence of  ttie  good  Lord  Dartmouth  upon  whose  exertions 
they  had  placed  a confidence  could  not  prevail  to  gain  the 
Royal  attention  to  their  just  Complaints  being  assured  that 
could  his  Majesty  be  truly  informed,  that  the  express  intention 
of  the  Royal  Charter  was  to  establish  and  confirm  to  his  sub- 
jects in  this  Province  all  the  liberties  of  his  natural  born  sub- 
jects within  the  Realm,  to  all  Intents,  Purposes  and  Constructions 
whatsoever,  they  should  soon  rejoice  in  the  full  redress  of  their 
Grievances  and  that  he  would  revoke  his  Grants  to  his  Gover- 
nor and  Judges  and  leave  the  Assembly  to  support  his  Governor 
in  the  Province  in  the  way  and  manner  prescribed  in  the  Charter 


188 


MASSACHUSETTS  PAPERS. 


according  to  ancient  and  -uninterrupted  usage  and  confo  rmable 
to  the  true  spirit  of  the  British  Constitution. 

The  People  however  forbore  to  take  any  extraordmu. . * 
Measures  for  the  Removal  of  this  dangerous  innovation,  and 
trusted  to  the  Prudence  and  fortitude  of  their  Representatives 
by  whose  Influence  four  of  the  Judges  have  been  prevailed 
upon  to  renounce  the  Grants  of  the  Crown  to  declare  their 
Resolution  to  depend  upon  the  Grants  of  the  Assembly  for 
their  future  services.  The  Chief  Justice  has  acted  a different 
part.  The  House  of  Representatives  have  addressed  the 
Governor  and  Council  to  remove  him  from  his  Office ; they 
have  impeached  him  of  High  Crimes  and  misdemeanors,  the 
Governor  has  refused,  even  though  requested  by  the  Council, 
to  appoint  a time  to  determine  on  the  matter,  and  finally  the 
House  have  Resolved  that  they  have  done  all  in  their  Power  in 
their  capacity  to  effect  his  removal  and  that  the  Governor’s 
refusal  was  presumed  to  be  because  he  received  his  support 
from  the  Crown. 

As  the  Papers  inclosed  contain  so  fully  the  Sentiments  of  the 
two  Houses  concerning  this  important  matter,  it  is  needless  to 
make  any  observations  thereon.  The  Assembly  is  prorogued 
and  it  is  expected  will  soon  be  Dissolved.  Doubtless  the 
People  who  in  general  are  greatly  agitated  with  the  conduct  of 
the  Governor,  will  at  least  speculate  very  freely  upon  a subject 
so  interesting  to  them.  They  see  with  resentment  the  effect  of 
the  Governor’s  independency,  That  he  is  resolved  to  save  a 
favorite  (with  whom  he  has  a connection  by  the  intermarriage 
of  their  children)  and  therein  to  set  a precedent  for  future 
Independent  Governors  to  establish  any  corrupt  officers  against 
the  remonstrances  of  the  Representative  Body.  They  despair 
of  any  Constitutional  remedy,  while  the  Governor  of  the  Pro- 
vince is  thus  dependant  upon  Ministers  of  State  against  the 
most  flagrant  oppressions  of  a corrupt  Officer.  They  take  it 
for  certain  that  such  a Governor  will  forever  screen  the  conduct 
of  such  an  officer  from  examination  and  prevent  his  removal,  if 


MASSACHUSETTS  PAPERS. 


189 


he  has  reason  to  think  it  is  expected  he  should  so  do  by  those 
upon  whose  favor  he  depends.  On  the  other  hand  his  Majesty’s 
Ministers,  unless  they  are  blinded  by  the  plausible  Colourings  of 
designing  men  may  see,  that  by  the  present  measures  the  People 
are  provoked  and  irritated  to  such  a degree,  that  it  is  not  in 
the  Power  of  a Governor  (whom  they  look  upon  as  a mere 
Instrument  of  Power)  though  born  and  educated  in  the  Coun- 
try, and  for  a long  time  possessed  of  a great  share  of  the  con- 
fidence and  affections  of  the  People  now  to  carry  a single  point 
which  they  the  ministers  can  recommend  to  him.  And  this 
will  always  be  the  case  let  who  will  be  Governor  while  by 
being  made  totally  dependent  on  the  Crown  or  perhaps  more 
strictly  speaking  upon  the  Ministry,  he  is  thus  aliened  from  the 
People  for  whose  good  he  is  and  ought  to  be  appointed.  In 
such  a state  what  is  to  be  expected  but  warm  and  angry  Debates 
between  the  Governor  and  the  two  Houses  (while  the  Assembly 
is  sitting  instead  of  the  joint  consultation  for  the  public  ~W elfare) 
and  violent  commotions  among  the  People  ? It  will  be  in  vain 
for  any  to  expect  that  the  people  of  this  Country  will  now  be 
contented  with  a partial  and  temporary  relief,  or  that  they 
will  be  amused  by  Court  promises  while  they  see  not  the  least 
relaxation  of  Grievances.  By  the  vigilance  and  activity  of 
Committees  of  Correspondence  among  the  several  towns  in  this 
Province  they  have  been  wonderfully  enlightened  and  animated. 
They  are  united  in  sentiment  and  their  opposition  to  uncon- 
stitutional Measures  of  Government  is  become  systematical, 
Colony  communicates  freely  with  Colony.  There  is  a common 
Affection  [a  line  lost] 

whole  continent  is  now  become  united  in  sentiment  and  in 
opposition  to  tyranny.  Their  old  good  will  and  affection  for 
the  Parent  Country  is  not  however  lost,  if  she  returns  to  her 
former  moderation  and  good  humor  their  affection  will  revive. 
They  wish  for  nothing  more  than  permanent  union  with  her 
upon  the  condition  of  equal  liberty.  This  is  all  they  have 
been  contending  for  and  nothing  short  of  this  will  or  ought  to 


190 


MASSACHUSETTS  PAPERS. 


satisfy  them.  * When  formerly  the  Kings  of  England  have 
encroached  upon  the  Liberties  of  their  Subjects,  the  subjects 
have  thought  it  their  Duty  to  themselves  and  their  Posterity  to 
contend  with  them  till  they  were  restored  to  the  footing  of  the 
Constitution./  The  events  of  such  struggles  have  sometimes 
proved  fatal  to  Crowned  Heads — perhaps  they  have  never 
issued  but  Establishments  of  the  People’s  Liberties.  In  those 
times  it  was  not  thought  reasonable  to  sajr,  that  since  the  King 
had  claimed  such  or  such  a Power  the  People  must  yield  it  to 
him  because  it  would  not  be  for  the  Honor  of  his  Majesty  to 
recede  from  his  Claim.  If  the  People  of  Britain  must  needs 
flatter  themselves  that  they  collectively  are  the  Sovereign  of 
America,  America  will  never  consent  that  they  should  govern 
them  arbitrarily,  or  without  known  and  stipulated  Pules.  But 
the  matter  is  not  so  considered  here:  Britain  and  the  Colonies  are 
considered  as  distinct  Governments  under  the  l^ing.  Britain  has 
a Constitution  the  envy  of  all  Foreigners,  to  which  it  has  ever 
been  the  safety  as  well  of  Kings  as  of  subjects  steadfastly  to 
adhere.  Each  Colony  has  also  a Constitution  in  its  Charter  or 
other  Institution  of  Government;  all  of  which  agree  in  this 
that  the  fundamental  Laws  of  the  British  Constitution  shall  be 
the  Basis.  ' That  Constitution  by  no  means  admits  of  Legislation 
without  representation.  Why  then  should  the  Parliament  of 
Britain  which  notwithstanding  all  its  Ideas  of  transcendant 
Power  must  forever  be  circumscribed  within  the  limits  of  that 
Constitution,  insist  upon  the  right  of  legislation  for  the  People 
of  America  without  their  having  Representation  there?  I 
cannot  be  justified  by  their  own  Constitution.  The  Laws  of 
Nature  and  Reason  abhor  it;  yet  because  she  has  claimed  such 
a Power,  her  Honor  truly  is  concerned  still  to  assert  and  exer- 
cise it,  and  she  may  not  recede.  Will  such  kind  of  reasoning 
bear  the  test  of  Examination ! Or  rather  will  it  not  be  an 
eternal  disgrace  to  any  nation  which  considers  her  Honor  con- 
cerned to  employ  Fleets  and  Armies  for  the  Support  of  a claim 
which  she  cannot  in  Reason  defend,  merely  because  she  has  once 


MASSACHUSETTS  PAPERS. 


191 


in  anger  made  such  a Claim?  It  is  the  misfortune  of  Britain, 
and  the  Colonies  that  flagitious  Men  on  both  sides  the  W ater 
have  made  it  their  Interest  to  foment  divisions,  Jealousies, 
and  animosities  between  them,  which  perhaps  will  never  subside 
until  the  Extent  of  Power  and  Eight  on  each  part  is  more 
explicitly  stipulated  than  has  ever  yet  been  thought  necessary, 
and  although  such  a stipulation  should  prove  a lasting  advantage 
on  each  side,  yet  considering  that  the  views  and  designs  of 
those  men  were  to  do  infinite  mischief  and  to  establish  a 
Tyranny  upon  the  Euins  of  a free  constitution  they  deserve 
the  vengeance  of  the  public,  and  till  the  memory  of  them  shall 
be  erased  by  time  they  will  most  assuredly  meet  with  the  exe- 
crations of  Posterity^ 

Our  Lieutenant  Governor  Oliver  is  now  Dead.  This  Event 
affords  the  Governor  a Plea  for  postponing  his  voyage  to  Eng- 
land till  further  orders.  Had  the  Government  by  the  absence 
of  both  devolved  on  the  Council,  his  Majesty’s  service  (which 
has  been  frequently  pleaded  to  give  a Colouring  to  measures 
destructive  of  the  true  Interests  of  his  Subjects)  would,  we  are 
persuaded,  have  been  really  promoted.  Among  other  things 
the  Grants  of  the  House  which  in  the  late  session  were  repeated 
for  the  services  of  our  Agents  would  have  passed.  There  is  a 
degree  of  Insult  in  the  Governor’s  refusal  of  his  consent  to 
those  Grants,  for  as  his  refusal  is  grounded  upon  the  Hopes 
that  our  Friends  will  thereby  be  discouraged  from  further 
serving  us,  it  is  as  much  as  to  say  that  there  shall  be  no  Agents 
unless  the  Assembly  will  be  content  with  such  as  he  shall  pre- 
scribe for  their  choice.  The  House  by  a Message  urged  the 
Governor  to  enable  them  to  do  their  Agents  Justice  but  in 
vain.  This  and  other  instances  serve  to  show  that  the  Powers 
vested  in  the  Governor  are  exercised  to  injure  and  provoke  the 
People. 

We  judge  it  to  be  the  expectation  of  the  House  of  Kepre- 
sentatives  that  you  should  wrarmly  solicit  the  Earl  of  Dart- 
mouth for  his  Interest  that  as  well  as  other  instructions  which 


192 


MASSACHUSETTS  PAPERS. 


are  grievous  to  us,  more  particularly  those  which  relate  to  the 

disposition  of  our  public that  which  restrains  the 

Governor  from  consenting to  the  Agents  may  be 

recalled.  And  his  Lordship  ought  to  consider  his  Interest  in 
this  particular  not  as  a personal  favor  done  to  you  but  as  a piece 
of  Justice  done  to  the  Province;  and  in  the  same  light  we 
strongly  recommend  it  to  your  own  Consideration  especially 
as  we  hope  for  a change  in  the  Government. 

We  now  write  to  you  by  the  direction  of  the  House  of  Re- 
presentatives to  the  Committee  of  Correspondence,  and  are  with 
very  great  Regard, 

In  the  name  of  the  Committee 
Sir, 

Your  most  humble  Servants, 

SAMUEL  ADAMS, 
JOHN  HANCOCK, 
WM.  PHILLIPS, 
WM.  HEATH. 

To  Benjamin  Franklin,  Esq. 


PETITION  OF  THE  MERCHANTS  OF  LONDON  TO  THE  HOUSE  OF 

LORDS. 

To  the  Right  Honourable  the 

Lords  Spiritual  and  Temporal, 

In  Parliament  Assembled  : 

The  Petition  of  the  Merchants,  Traders,  and  others  of  the 
City  of  London,  interested  in  the  American  Commerce. 

1775. 

Humbly  Sheweth: 

That  your  Petitioners  are  deeply  concerned  to  find  that  there 
is  now  depending  before  this  Right  Honourable  House  a Bill 
“To  restrain  the  Trade  and  Commerce  of  the  Province  of  Mas ■ 


MASSACHUSETTS  PAPERS. 


193 


“ sachuselts  Bay  ancl  New  Hampshire,  and  Colonies  of  Connecticut 
“ and  Rhode  Island,  and  Providence  Plantation  in  North  America, 
“ to  Great  Britain,  Ireland  and  the  British  Island  in  the  West 
“ Indies,  and  to  prohibit  such  Provinces  and  Colonies  from 
“carrying  on  any  Fishery  on  the  Banks’  of  Newfoundland,  or 
“ other  places  therein  to  be  mentioned,  under  certain  restric- 
“ tions  and  for  a time  to  be  limited.” 

Your  Petitioners  beg  leave  to  represent  that  the  said  Bill 
should  it  pass  into  a Law,  will,  in  its  Operation,  deprive  Thou- 
sands of  His  Majesty’s  loyal  Subjects  of  their  actual  Subsist- 
ence, and  reduce  them  to  extreme  distress,  even  that  of  Famine, 
the  said  Provinces  not  generally  raising  Corn  Sufficient  for 
their  own  support;  and  by  this  Bill  they  will  be  prevented 
from  receiving  any  Supplies  from  their  Sister  Colonies,  and 
precluded  from  their  Natural  Resources,  The  Sea. 

That  your  Petitioners  have  reason  to  believe  that  very  great 
numbers  of  men  bred  and  employed  in  the  Fisheries,  who  in 
Hardiness  and  Intrepidity  are  not  exceeded  by  any  in  this 
extensive  Empire  will  be  impelled  by  the  pressing  calls  of 
Hunger  and  Want,  by  a just  sense  of  their  violated  Rights  to 
such  a Condr^ct  as  may  be  productive  of  Devastation  and 
Bloodshed,  which  may  endanger  the  Peace  and  W elfare  of  His 
Majesty’s  American  Dominions ; or  be  induced  to  employ  them- 
selves in  fishing  for  the  French,  and  thereby  give  our  Rivals, 
the  Means  of  supplying  the  Markets  in  Europe,  which  will  ren- 
der it  difficult  for  us  ever  to  regain  that  valuable  Branch  of 
Commerce. 

Your  Petitioners  beg  Leave  further  to  represent,  that  there 
is  now  due  from  the  said  Provinces  and  Colonies  to  the  City  of 
London  only,  one  million  sterling  and  upwards.  That  their 
Remittances  are  almost  entirely  made  by  means  of  the  Fish- 
eries and  consequently  the  Ruin  brought  on  those  Colonies 
will  deeply  injure  the  Commercial  interest  of  Great  Britain  and 
ultimately  fall  upon  the  landed  Property  of  these  Kingdoms. 

That  among  the  other  grievances  of  which  our  Fellow  Sub- 
25 


194 


MASSACHUSETTS  PAPERS. 


jects  in  America  so  generally  complain  is,  their  being  deprived 
of  Trial  by  Jury  in  particular  Cases,  and  the  Extension  of  the 
Jurisdiction  of  the  Admiralty  Courts;  which  Grievances,  your 
Petitioners,  with  much  concern,  find  are  not  only  continued, 
but  extended  by  the  Present  Bill.  And  they  think  it  their 
Duty  to  represent  it  as  their  firm  opinion  to  this  Eight  Hon- 
ourable House  that  the  Disquietudes  which  universally  prevail 
in  the  minds  of  their  fellow  Subjects  in  America  will  be 
increased  and  confirmed  by  this  Bill,  unjust,  as  they  conceive, 
because  it  involves  those  who  are  allowed  to  be  innocent  in  the 
punishment  of  those  who  are  * supposed  to  be  guilty,  and  that 
these  disquietudes  will  never  be  removed  unless  lenient  mea- 
sures are  pursued  and  their  grievances  redressed. 

Your  Petitioners  therefore  most  humbly  pray,  that  the  said 
Bill  may  not  pass  into  a Law. 

Published  by  Authority  of  the  Committee. 

THOMAS  LANE,  C hair  man. 


PETITION  OF  THE  MERCHANTS  OF  LONDON  TO  THE  HOUSE  OF 
COMMONS. 

To  the  Honourable  the  Commons  of  Great  Britain, 

In  Parliament  Assembled: 

The  Petition  of  the  Merchants  and  Traders  of  the  City  of 
London  trading  to  North  America. 

Humbly  Sheweth: 

That  your  Petitioners  have  been  accustomed  to  carry  on 
very  considerable  branches  of  Trade  to  and  from  his  Majesty’s 

* Supposed,  is  here  used,  as  an  attack  on  the  infamous  Addresses  of  the 
Two  Houses  to  the  King,  which  was  founded  on  partial  and  mutilated  reports 
of  such  wretches  as  Gen.  Gage,  Gov.  Colden,  Ld.  Dunmore,  Martin,  and  Lt. 
Jas.  Wright,  &c.  &c. — (Coktempokary  Note.) 


MASSACHUSETTS  PAPERS. 


195 


Colonies  in  North  America,  the  former  consisting  greatly  in 
exporting  thither  the  Manufactures  of  this  Country  and  the 
latter  in  Importing  from  thence  raw  materials  of  various  kinds 
necessary  to  the  support  of  several  of  our  most  important 
Manufactures. 

That  the  Trade  of  your  Petitioners  with  North  America  has 
occasioned  Yearly  the  importation  and  remittance  to  this 
Country  of  Bullion  and  Bills  of  Exchange  of  great  value  from 
different  parts  of  the  world  in  payment  for  American  Commo- 
dities as  would  he  super-abundant  here,  or  are  by  acts  of  Par- 
liament forbidden  to  be  imported,  which  Commodities  therefore 
may  justly  be  considered  as  having  Great  weight  in  the  Com- 
mercial Balance  of  Europe. 

That  this  Commerce  necessary  to  afford  employment  and 
subsistence  to  the  Manufactures  of  these  Kingdoms,  to  augment 
the  Public  Eevenues,  to  serve  as  a nursery  for  Seamen,  and  to 
support  and  increase  our  Navigation  and  Maritime  strength,  is 
at  present  in  an  alarming  State  of  Suspension.  That  the  In- 
terruption of  this  trade,  we  humbly  apprehend  is  principally 
owing  to  certain  Duties  imposed  by  an  Act  of  Parliament 
passed  in  the  Seventh  Year  of  his  present  Majesty,  on  Tea, 
Paper,  Glass  and  Painters1  Colours,  imported  into  those  Colo- 
nies. 

Your  Petitioners  therefore  presume  to  lay  the  distressed 
situation  of  this  Trade  before  this  House,  and  for  the  recovery 
of  so  important  a Branch  of  Commerce — they  pray  such  relief 
as  in  the  wisdom  of  this  Honourable  House  shall  seem  meet. 


MEMBERS 

OF  THE 

SEVENTY-SIX  SOCIETY. 

July  1,  1856. 


Isaac  Adriance, 

Hew  York. 

William  Badger, 

Philadelphia. 

Thomas  Balcli, 

Philadelphia. 

George  Bancroft, 

Hew  York. 

E.  L.  Beadle,  M.  D., 

Hew  York. 

Henry  Paul  Beck, 

Philadelphia. 

Charles  Frederick  Beck,  M.  D. 

Philadelphia. 

Thomas  J.  Betton,  M.  D., 

Philadelphia. 

Thomas  Biddle, 

Philadelphia. 

Charles  J.  Bushnell, 

Hew  York. 

Joseph  Carpenter, 

Philadelphia. 

James  H.  Castle, 

Philadelphia. 

William  Chauncey, 

Hew  York. 

Joseph  G.  Coggswell,  M.D., 

Hew  York. 

E.  B.  Corwin, 

Hew  York. 

Ferdinand  J.  Dreer, 

Philadelphia. 

William  Duane, 

Philadelphia. 

Samuel  A.  Eliot, 

Boston. 

Alfred  L.  Eivryn,  M.  D., 

Philadelphia. 

Samuel  B.  Fales, 

Philadelphia. 

Richard  S.  Field, 

Princeton,  H.  J. 

Henry  Flanders, 

Philadelphia. 

198  MEMBERS  OF  THE  SEVENTY -S*[X  SOCIETY. 


Richard  Frothiugham,  Jr., 

Boston. 

George  J.  Gross, 

Philadelphia. 

Constant  Guillou, 

Philadelphia. 

Abraham  Hart, 

Philadelphia. 

Historical  Society  of  New  York, 

New  York. 

Harvard  College  Library, 

Cambridge,  Mass. 

Benjamin  P.  Hunt, 

Philadelphia. 

Charles  Ingersoll, 

Philadelphia. 

Horatio  G.  Jones, 

Philadelphia. 

John  Jordan,  Jr., 

Philadelphia. 

John  C.  Keffer, 

Philadelphia. 

Leonard  R.  Koecker,  M.  D., 

Philadelphia. 

Joseph  Lea, 

Philadelphia. 

Lyon  J.  Levy, 

Philadelphia. 

E.  C.  Markley, 

Philadelphia. 

John  McAllister,  Jr., 

Philadelphia. 

John  A.  McAllister, 

Philadelphia. 

Wardale  G.  McAllister, 

Philadelphia. 

Charles  Magarge, 

Philadelphia. 

William  Menzies, 

New  York. 

William  M.  Meredith, 

Philadelphia. 

M.  H.  Messchert, 

Philadelphia. 

J.  B.  Moreau,* 

New  York. 

Charles  E.  Norton, 

Cambridge,  Mass. 

George  W.  Page, 

Philadelphia. 

Joel  Parker, 

Cambridge,  Mass. 

Joseph  R.  Paxson, 

Philadelphia. 

Harry  Penington, 

Philadelphia. 

Robert  E.  Peterson, 

Philadelphia. 

Octavius  Pickering, 

Boston. 

William  H.  Prescott, 

Boston. 

William  S.  Price, 

Philadelphia. 

William  B.  Reed, 

Philadelphia. 

George  W.  Riggs, 

Washington  City. 

J.  Murray  Rush, 

Philadelphia. 

* A double  subscription. 


MEMBERS  OF  THE  SEVENTY-SIX  SOCIETY.  199 


Samuel  It.  Shipley, 

Philadelphia. 

Nathaniel  B.  Shurtleff, 

Boston. 

Aubrey  H.  Smith, 

Philadelphia. 

John  J.  Smith, 

Philadelphia. 

Lloyd  P.  Smith, 

Philadelphia. 

Jared  Sparks,  LL.  1)., 

Cambridge,  Mass. 

William  Schott, 

Philadelphia. 

Thomas  B.  Stillman, 

New  York. 

Joseph  Swift, 

Philadelphia. 

William  B.  Taylor, 

New  York. 

Townsend  Ward, 

Philadelphia. 

Thompson  Westcott, 

Philadelphia. 

Prosper  M.  Wetmore, 

New  York. 

Henry  J.  Williams, 

Philadelphia. 

Robert  C.  Winthrop, 

Boston. 

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